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(영문) 수원지방법원 2015.01.12 2014노5526
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one hundred and sixty months of imprisonment, two years of suspended execution, one hundred and sixty hours of community service order, and forty hours of community service order) is too uneased and unreasonable;

2. In full view of the following factors: (a) the Defendant’s mistake reflects in depth the victim of the instant traffic accident; (b) the degree of injury suffered by the victims of the instant traffic accident; (c) the vehicle operated by the Defendant was covered by a comprehensive motor vehicle insurance; (d) the Defendant has no penalty history exceeding fines; and (e) the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime; and (e) all of the sentencing conditions as shown in the instant arguments, including the circumstances before and after the instant crime, etc., the lower court’s sentence ordering the Defendant to attend social service for 160 hours while suspending the execution of imprisonment with prison labor is deemed unreasonable.

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

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