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(영문) 청주지방법원 2016.11.04 2016노537
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment for a term of eight months suspended, eight hours of social service, and 80 hours of attending a compliance driving course) that the court below made is too uneasible and unfair.

2. The lower court determined that the Defendant was sentenced to punishment for the Defendant, taking into account favorable circumstances, such as the following: (a) the Defendant, while driving a motor vehicle and driving a motor vehicle beyond the center line, caused the instant accident involving pedestrians; (b) the Defendant’s responsibility is very serious; and (c) the victim suffered serious injury to the point that it would make it difficult for him to make the horses easily difficult; (d) the Defendant subscribed to a motor vehicle comprehensive insurance; (b) the Defendant paid and agreed to pay KRW 20 million to the victim after the instant indictment; and (c) the Defendant has no criminal power.

In full view of the overall sentencing conditions, statutory penalty, sentencing guidelines, etc. indicated in the records and arguments, such as the fact that there is no change in circumstances compared with the original judgment, and that the defendant was detained in the investigation process of this case and was detained for about 10 months until the date of the original judgment, the defendant has an opportunity to reflect it, etc., the sentencing judgment of the lower court is not deemed to have exceeded the reasonable bounds of discretion.

Therefore, prosecutor's sentencing and warning cannot be accepted.

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

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