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(영문) 인천지방법원 2013.03.22 2012노3284
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment without prison labor, two years of suspended execution, and eight hours of social service) is too unhued and unreasonable.

2. The instant crime is deemed to have been committed by the Defendant while driving a bicycle lane by driving the Oral Seab, and the quality of the instant crime is not good, such as the occurrence of eight weeks of injury to the victim, and the damage is serious.

However, considering the fact that the defendant's mistake appears to be divided and contradictory to the defendant, the amount of criminal agreement was deposited for the victim, the insurance money was paid to the victim in the insurance where Orala is a party to which Orala is a party, the court below's sentence against the defendant seems to have been determined by fully considering the various circumstances as seen earlier, and there is no change of circumstances that may vary between the court below and the punishment in the trial, and all the conditions of sentencing in the records and arguments, such as the defendant's age, character, character and behavior, family relationship, etc., the sentence imposed by the court below is too unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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.

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