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(영문) 수원지방법원 2018.07.18 2018노1091
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.

2. The judgment driving is an offense that may inflict a great harm on an unspecified person, and the social risk is considerably high, and the defendant actually causes a traffic accident while driving under drinking and such risk is realized.

However, in full view of the following: (a) the Defendant’s primary crime and reflects the truth in depth; (b) the victims’ damage was relatively minor; and (c) the Defendant’s vehicle was subscribed to an automobile comprehensive insurance policy with the victim, and thus, it appears that it would be possible to compensate the remainder victims for the damage therefrom; and (d) other factors of sentencing as indicated in the argument in the instant case, such as the background of the instant crime, circumstances after the commission of the crime; (b) the Defendant’s age, sexual behavior, and environment, the lower court’s punishment is too unreasonable and unreasonable

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 appeal is without merit. It is so decided as per Disposition.

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