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(영문) 창원지방법원 2018.11.08 2018노1928
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment without prison labor, two years of suspended execution, and 120 hours of community service order) is too uneasy and unreasonable.

2. The lower court’s sentencing appears to have been determined by fully considering the various favorable circumstances against the Defendant, and there is no special circumstance to change the sentencing after the lower judgment.

In addition, the defendant's age, gender, environment, circumstances after committing the crime, circumstances after committing the crime, and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) [the type] mitigated element of general traffic accident / [the victim] mitigated element of traffic accident / [the recommended sphere and the scope of punishment / [the victim] mitigated range of punishment / [the recommended sphere and the scope of punishment / the imprisonment without prison labor for April to one year: The scope of the recommended range of punishment revised according to the reduction range / imprisonment without prison labor for six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is lower than the statutory minimum limit of the applicable sentencing range, and thus the court below's sentence against the defendant is too unreasonable.] Examining various sentencing conditions indicated in the records of this case and the changed theory of punishment, such as the record of this case and the changed theory of punishment.

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

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