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(영문) 청주지방법원 2018.05.03 2017노1523
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is unreasonable as it is too unfasible to the extent that the penalty (5,000,000 won) is too unfased.

2. The court below sentenced the above sentence to the defendant on the ground that the sentencing as stated in its judgment was significant. The defendant's blood alcohol concentration is high, and the defendant's act of denying the crime in the police investigation process, and the circumstances after the crime are poor, etc., which led to the failure of the defendant to commit the crime, and thus, the prosecutor's assertion of sentencing disadvantageous to the trial at the court below seems to have been sufficiently taken into account. In addition, considering that the defendant's net time when the crime of this case was committed in the prosecutor's office, the court below, and the court below at the trial court at the trial, and the court below at the trial, and the degree of traffic accident seems to be very minor, the court below sentenced the defendant to the above sentence, considering the fact that there is no criminal history except for the defendant's violation of the Act on the Establishment of Local Reserve Forces around 191, the judgment of the court below exceeded the reasonable scope of discretion because it is too unfford.

shall not be appointed by a person.

Therefore, prosecutor's assertion is not 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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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