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(영문) 대구지방법원 2019.01.17 2018노471
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two years after the suspension of the execution of August, 200 and forty hours after the order to attend a law-abiding driving course) is deemed unfair because it is too unfasible.

2. The vehicles of the Defendant’s driving vehicle are covered by a comprehensive automobile insurance, and the Defendant has no record of being punished for the same kind of crime during the last ten years.

In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., and the fact that there is no special circumstance or circumstance to change the sentencing of the lower court after the lower judgment, the lower court’s sentencing is not unfair.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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