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(영문) 서울서부지방법원 2020.02.06 2019노1408
교통사고처리특례법위반(치상)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (7 million won of a fine) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination of the Defendant’s negligence and the degree of injury inflicted on the victim are disadvantageous circumstances.

On the other hand, the fact that the defendant's driver's vehicle is covered by the comprehensive motor vehicle insurance, against the fact that the defendant's driver's vehicle is seeking a letter to the victim, and the first offender is favorable.

Considering the above factors of sentencing, it cannot be said that the lower court’s sentence was too heavy or frighted so that it exceeded the reasonable scope of discretion.

3. The appeal filed by the defendant and the prosecutor in conclusion are all without merit, and they are dismissed under Article 364(4) of the Criminal Procedure Act.

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