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(영문) 의정부지방법원 2019.09.06 2019노9
교통사고처리특례법위반(치사)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (the fine of KRW 3 million, the suspended sentence of KRW 1 year, the fine of KRW 5 million, and the suspended sentence of KRW 1 year) is too unfluent and unreasonable.

2. In light of the circumstances properly explained by the court below in the reasons for sentencing, including the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., as well as the conditions of sentencing indicated in the arguments in this case, and the fact that there is no change in the conditions of sentencing compared with the court below since the new materials of sentencing have not been submitted in the trial above, it cannot be said that the sentence imposed by the court below is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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

(However, it is clear that the "Sari individual taxi" in the second page of the judgment of the court below is a clerical error in the "K5 individual taxi", and such act is corrected ex officio in accordance with Article 25 of the Rules on Criminal Procedure.

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