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(영문) 대전지방법원 2019.05.29 2018노2694
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account all the circumstances regarding sentencing, including the following: (a) the Defendant’s negligence while proceeding in violation of the stop signal around the crosswalk, the degree of injury to the victim, and the fact that the victim did not agree with the victim; (b) the Defendant was the primary offender; (c) the victim was an accident that occurred in the course of building the crosswalk; and (d) the Defendant’s vehicle was covered by the comprehensive insurance; and (e) the Defendant’s vehicle appears to have been covered by the comprehensive insurance; and (e) there is no other circumstance to be newly considered in the trial at the trial of the lower court. In full view of the various circumstances, the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion because it is too unfford.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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