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(영문) 인천지방법원 2020.12.18 2020노1312
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year suspended sentence for one year, and 40 hours during a compliance driving course) that the lower court sentenced the Defendant is too uneased and unreasonable.

2. In light of the following facts, there is no change in circumstances that could consider the sentencing after the judgment of the court below, and considering the various sentencing conditions in the records and arguments of this case, even if the prosecutor asserts as the grounds for appeal, it does not seem that the sentence of the court below was too unhued and exceeded the reasonable scope of discretion.

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

[However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, ex officio, pursuant to Article 25(1) of the Regulation on Criminal Procedure, “0.087%” in the second sentence of the judgment of the court below shall be deemed “0.104%”; the third part of the judgment of the court shall be deemed “0.104%”; and the third part shall be punished by imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury)

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