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(영문) 대전지방법원 2016.05.12 2016노313
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (unfair sentencing) is that the lower court’s sentence (2 million won in penalty) against the Defendant is too uneased and unreasonable.

2. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, the Defendant’s punishment on the part of the Defendant cannot be deemed unfair since the lower court’s punishment on the part of the Defendant cannot be deemed unfair, on the ground that the Defendant’s punishment on the part of the victim is unscheduled, the Defendant’s confession of the crime of this case, the Defendant agreed to the victim’s bereaved family members, the vehicle driven by the Defendant was covered by a comprehensive insurance, and the insurance company paid the amount under the pretext of agreement and treatment expenses to the victim’s bereaved family members in the first instance trial.

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

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