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(영문) 서울북부지방법원 2016.09.30 2016노649
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The punishment sentenced by the original court (one year of imprisonment without prison labor and two years of suspended execution) shall be too unhued and unreasonable;

2. In light of the fact that the Defendant’s mistake is recognized and there is no criminal history until before the instant crime was committed, that the Defendant agreed with the victim F, and that the Defendant is frightening and living in iron because of the instant crime, considering that the Defendant’s negligence was not covered by the liability insurance, and that the Defendant did not make any effort to recover the damage of the victim C and E, and that the Defendant’s negligence, which neglected the suspension signal and proceeded as it is, the Defendant’s fault is divided. The lower court’s sentencing is within the reasonable scope of its discretion.

In addition, there is no change in sentencing conditions that can be newly considered in the trial.

Therefore, it is not recognized that the sentence of the judgment below is too unfasible because it is too unfasible.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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