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(영문) 창원지방법원 2021.01.07 2020노1900
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (7 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The judgment of the Defendant caused a traffic accident that requires approximately 14 weeks of medical treatment by negligence, in which the Defendant neglected his/her primary duty, and caused the victim to suffer from a traffic accident that is disadvantageous to the Defendant, such as that the liability for the crime is not minor, and that no agreement has been reached between the victim and the present.

However, when comprehensively taking into account all the conditions of sentencing as shown in pleadings, such as the Defendant’s age, sexual conduct, motive and background of the crime, means and consequence of the crime, etc., the lower court’s sentencing appears to have been conducted within the reasonable scope, taking into account all of the conditions of sentencing specified in the pleadings, and there is no special circumstance to change the sentencing of the lower court, since there is no history of criminal punishment prior to the instant case, it appears that the lower court’s punishment would be conducted within the reasonable scope, given that the lower court’s punishment is too unfeasible and unfair, given that there is no possibility of changing any circumstances to change the sentencing of the lower court.

Therefore, the prosecutor's above assertion 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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