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(영문) 서울남부지방법원 2019.08.20 2018노1410
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the aforementioned circumstances, the lower court rendered the above sentence to the Defendant by taking into account the following favorable circumstances: (a) the victim’s degree of injury is serious and the Defendant’s negligence is grave; (b) the Defendant agreed with the victim; (c) the Defendant was covered by a comprehensive motor vehicle insurance policy; and (d) the Defendant did not have any identical criminal record; and (c) the Defendant did not have any special circumstances or changes in circumstances that may be considered for sentencing newly in the trial; and (d) the Defendant’s age, character and conduct, family relation, motive and circumstance of the crime; and (e) all of the sentencing factors indicated in the instant records and arguments, including the Defendant’s age, character and conduct, family relation, motive and circumstance after the crime, do not seem to have exceeded the reasonable scope of discretion, and thus, the lower court’s

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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