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(영문) 부산지방법원 2019.01.25 2018노2292
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., in both cases) of the lower court’s punishment (e.g., in six months of imprisonment without prison labor; one year of suspended execution in six months; and probation order) is too un

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The victim suffered an injury requiring medical treatment for 14 weeks due to the instant traffic accident, and the fact that the Defendant was unable to take care of the victim is disadvantageous.

However, it is advantageous to the fact that the defendant recognized the crime of this case and is against the fact that there is no other criminal records as well as the punishment of a fine by the defendant once, the vehicle operated by the defendant will be covered by the comprehensive motor vehicle insurance and thus the compensation for damage will be made in the future. The fact that the defendant was involved in driving a vehicle while driving the vehicle in a state where he was not able to take the spirit and weakness and has no spirit.

The court below sentenced probation along with the suspended sentence of imprisonment, taking into account all the above circumstances, and instead, after the sentence of the court below, the defendant compensated the victim for a total of 3.5 million won, thereby adding more favorable circumstances to the court below.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence of the offense, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the offense, the lower court’s sentencing is deemed reasonable, and it does not seem unreasonable because it goes beyond the reasonable scope of discretion.

The prosecutor's assertion of unfair sentencing is not accepted.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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