logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.04.23 2019노3460
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main sentence of the grounds for appeal (two years of suspended execution in August) of the lower court is deemed to be too unhued and unfair.

2. Determination

A. According to the records, the court below determined punishment within the scope of recommended sentence according to the sentencing guidelines established by the Supreme Court sentencing committee, taking into account various factors such as the occurrence of a number of victims, the degree of injury suffered by some victims is very serious, the victims have not been agreed, the mistakes have been pened and reflected, some circumstances may be taken into account in relation to the circumstances of the crime, the subscription to a comprehensive insurance, and the primary offender.

B. Although there is no change in the conditions of sentencing compared to the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, since it is apparent that the “E driving” in the second page No. 6 of the lower judgment is a clerical error in the N driving, it shall be corrected ex officio in accordance with Article 25 of the Regulations on Criminal Procedure).

arrow