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(영문) 서울남부지방법원 2020.10.20 2020노761
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 5 million won) of the lower court is too unhued and unreasonable.

2. The lower court, although the Defendant’s negligence, and the degree of injury suffered by the victim, was not less than 68 years old, sentenced the Defendant to a fine of 5 million won by taking account of the circumstances such as the Defendant’s initial crime as 68 years old, recognition of and reflects the instant crime, and the vehicle involved in the accident covered by the motor vehicle comprehensive insurance.

On the other hand, in the trial, the defendant paid one million won to the victim, and the victim expressed his/her intention that he/she does not want the punishment.

In addition, considering all the factors of sentencing indicated in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive and means of the offense, and circumstances after the offense, the sentencing of the lower court is too unfasible and it does not seem to have exceeded the reasonable scope of discretion.

Therefore, prosecutor's assertion is without merit.

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.

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