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(영문) 서울동부지방법원 2020.08.27 2020노377
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 7,00,000) is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, such as the fact that the defendant was making a traffic accident while driving under the influence of alcohol, and the fact that he was punished for the same kind of crime, etc.

On the other hand, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case, the degree of injury of the victim is not much serious, and the fact that the defendant paid 2.3 million won to the victim in the automobile comprehensive insurance in which the defendant joined.

In addition, in full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by taking into account the above normal relationship and the grounds for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so the Prosecutor’s assertion of unfair sentencing is without merit

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.

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