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(영문) 의정부지방법원 2013.10.17 2013노1770
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in the judgment below is unreasonable because the punishment of a fine of eight million won is too unhued.

2. The judgment of the court below is deemed to have committed the instant crime without being sentenced to a suspended sentence due to the same type of crime, and the Defendant again committed the instant crime without being sentenced to the suspended sentence during the suspended sentence period, and even though it is recognized that many victims have caused a traffic accident due to a traffic accident, it is unreasonable that the sentence of the court below is too unfeasible, taking into account the following factors: (a) the Defendant was committed during the commission of the crime; (b) the Defendant agreed with some victims; (c) the Defendant’s vehicle was affiliated with the mutual aid association; (d) the Defendant’s vehicle was affiliated with the mutual aid association; and (e) the Defendant’s vehicle was finalized after the suspended sentence becomes final and conclusive; and (e) the sentence of the Defendant is deemed to have been imposed on the Defendant in light of the circumstances surrounding the instant accident; and (e) the Defendant’s age, character, occupation and environment, background and consequence of the crime; and (e) the circumstances after the crime.

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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