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(영문) 대전지방법원 2020.05.20 2019노1748
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the content of the instant crime committed by the Defendant, which led the injured party during the twelve weeks prior to the 12-day period, by entering the private-distance intersection in which the summary signal, etc. of the grounds for appeal are installed, due to the fact that the nature of the crime was extremely poor, the sentence of the lower court (the fine of five million won and the suspended sentence of one year) is too unreasonable.

2. In light of the judgment, the circumstances alleged by the prosecutor in the grounds of appeal are deemed to have been sufficiently taken into account when determining the punishment at the court below. The Defendant, who had no criminal record, was committed by the first offender with no previous criminal record, was divided in depth into the facts of the instant crime, and the victim was not punished against the Defendant by unanimous agreement with the victim, as well as other factors of sentencing as indicated in the instant case, including the Defendant’s age, character and conduct, environment, background, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing judgment is too unfeasible and cannot be deemed to have exceeded the reasonable scope of discretion.

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

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