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(영문) 서울동부지방법원 2017.08.31 2017노497
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because it is too unfasible that the sentence imposed by the court below against the defendant (a prison term of six months, a suspended sentence of two years, a community service order of 80 hours, and an order to attend a compliance driving lecture of 40 hours) is too un

2. The offense of aiding and abetting a criminal is heavy, by having the driver make a statement that causes an accident on behalf of his/her own, even if he/she is involved in a traffic accident that meets the criteria for pedestrians by driving a judgment without a license.

However, examining all of the sentencing conditions stated in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, family environment, the background and result of the instant crime, and the subsequent circumstances, the lower court’s punishment is too unfeasible and unreasonable, and thus, the Prosecutor’s allegation is groundless.

3. Accordingly, the Prosecutor’s appeal of this case is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit. It is so decided as per Disposition.

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