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(영문) 청주지방법원 2017.08.11 2017노192
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution of imprisonment without prison labor for August, 200, 80 hours of community service order, and 40 hours of lecture attendance order for compliance driving) that the court below rendered is too uneasible and unreasonable.

2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.

The favorable normal circumstances: (1) is divided into several parts.

(2) A comprehensive insurance policy and insurance proceeds have been paid to the victim under the pretext of medical expenses, etc.

(3) There is no record of punishment.

The defendant suffered serious injury to the victim due to the negligence of the defendant.

② The victim’s parents did not reach an agreement with the victim, and the parents wish to punish the defendant severely.

In light of the following: (a) there is no change in the conditions of sentencing compared with the original judgment as the new sentencing data was not submitted in the first instance court; and (b) other factors and statutory penalty, etc., the lower court’s judgment exceeded the reasonable bounds of its discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

Therefore, prosecutor's sentencing and warning cannot be accepted.

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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