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(영문) 수원지방법원 2018.09.19 2018노2140
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (two years of suspended execution in July of the imprisonment without prison labor and forty hours of the order to attend a compliance driving lecture) is too uneasible and unfair.

2. The fact that the degree of injury to the victim is very serious, and that the defendant's negligence is not minor is disadvantageous to the defendant.

However, in full view of the following: (a) the Defendant’s mistake is recognized and is in depth against the victim; (b) the Defendant has reached an agreement with the victim at the time of the trial; (c) there is no record of the crime exceeding the fine; and (d) the Defendant has ordered the Defendant to take the force of compliance with the law along with the suspension of the execution of imprisonment without prison labor; and (c) other various sentencing conditions specified in the instant pleadings, such as the background of the instant crime, circumstances after the instant crime; (d) the Defendant’s age, sexual behavior, and environment, the lower court’

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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