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(영문) 춘천지방법원 강릉지원 2015.09.10 2015노324
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a period of two years, fines of three hundred thousand won, probation, and a 40-hour compliance course) of the lower court is too uneasy and unreasonable.

2. The judgment has a record of having been punished several times for the same crime, and in particular, there are unfavorable circumstances such as the defendant committed a crime on May 25, 201 and escaped during the period of suspension of execution due to the same crime.

However, in full view of the favorable circumstances such as the fact that both the victims agreed with the victims, the situation of the victims seems to be relatively minor, and all of the accidents of this case were committed during the driving of a motorcycle, and other factors of sentencing in the instant case, including the Defendant’s age, character and conduct, environment, the circumstances of each accident of this case, and the circumstances after the accident, etc., the lower court’s punishment cannot be deemed unreasonable merely because it is too unreasonable considering the above unfavorable circumstances.

Therefore, prosecutor's assertion is without merit.

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

(However, it is clear that the violation of the Road Traffic Act is omitted, since the name of the crime concerning the driver's property damage and damage of the crime in Article 25 of the Regulations on Criminal Procedure is clearly stated in Article 25 of the Criminal Procedure Act, which is 4-5 of the judgment of the first instance court

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