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(영문) 수원지방법원 2018.11.21 2018노4904
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. Determination is an unfavorable circumstance to the Defendant that the Defendant could have been sentenced to a fine due to drinking, driving without a license, etc., and that the degree of injury of the victims is not somewhat weak.

However, in full view of the following: (a) the Defendant reflects the Defendant’s mistake in depth; and (b) agreed with the victims in the first instance trial; and (c) other various sentencing conditions as shown in the instant pleadings, such as the background of the instant crime, circumstances after the commission of the crime, the Defendant’s age, sexual conduct, and environment, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition (Article 25 of the Regulation on Criminal Procedure, but Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents No. 1 of the judgment of the court below on the ground that Article 3(2)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents is corrected to add “the following.”

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