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(영문) 전주지방법원 2020.09.23 2020노1121
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 (one year and six months of imprisonment and three years of suspended execution, etc.) is too unhued and unreasonable;

2. The lower court determined that the Prosecutor had already been sentenced to punishment by fully taking account of all the circumstances, including the circumstances alleged as the grounds for appeal.

Even if re-examination of the sentencing grounds revealed in the pleadings of this case, such as the fact that the defendant has the same criminal power, but is punished as a fine, there is no specific penalty power other than the above punishment power, that the defendant has caused a traffic accident, but the degree of injury is not much severe, and that the defendant has agreed with the victim smoothly, etc., the sentencing of the court below does not seem to be unfair because it is too uneasible.

Therefore, prosecutor's assertion is not accepted.

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

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