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(영문) 인천지방법원 2020.12.30 2020노1378
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor) that the lower court sentenced to the Defendant (e.g., two years of suspended execution in August; 40 hours of community service order; and 40 hours of lecture attendance order for compliance driving) is too uneasible and unreasonable.

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). In light of the following: (a) no change in circumstances that may be considered in sentencing following the lower judgment; (b) there exists no criminal conviction exceeding a fine against the Defendant; (c) the Defendant’s bereaved family members are not subject to punishment by agreement with the bereaved family members; and (d) the Defendant’s family members are supported by the Defendant; and (b) various sentencing conditions indicated in the instant records and pleadings, even if considering the circumstances alleged by the Prosecutor as the grounds for appeal, the lower court’s punishment is too unjustifiable and

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

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