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(영문) 광주지방법원 2020.11.19 2020노40
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 15 million) is too unhued and unreasonable.

2. Determination of the instant accident is an unfavorable circumstance to the Defendant, such as the fact that the victim suffered a large injury, the fact that the victim was unable to receive a prudent from the victim, and the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for a crime of double-class.

On the other hand, the fact that the defendant has no record of criminal punishment by causing excessive injury to people due to a traffic accident is favorable to the defendant.

In addition, the Prosecutor’s assertion is not acceptable on the ground that the sentence of the lower court is too unjustifiable and unreasonable, comprehensively taking account of the Defendant’s age, character and conduct, family environment, motive and background of the crime, and the circumstances after the crime.

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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