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(영문) 수원지방법원 2017.10.13 2017노4243
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (six months of imprisonment, two years of suspended execution, and 80 hours of community service order) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the Defendant’s punishment by taking account of the following factors: (a) under the unfavorable circumstances against the Defendant, the following: (b) the Defendant was a case causing a traffic accident while driving on an expressway in a drinking state; (c) under favorable circumstances; (d) the Defendant was in contravention of the Defendant’s erroneous recognition; (d) the Defendant did not have any history of punishment; (e) the victims did not have any history of damage; and (e) the vehicle is being covered by a comprehensive motor vehicle insurance policy; and (e) the Defendant’s age, family relations; and (e) the details of the relevant crime.

As above, the sentencing of the lower court appears to have been conducted within the reasonable scope of discretion by fully taking into account the above conditions of sentencing, and there is no change in the sentencing condition that can be deemed unfair to maintain the sentencing of the lower court as it is. Therefore, it is difficult to view that the lower court’s sentencing is unfair because it is too too un

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

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Regulation on Criminal Procedure). However, the phrase “aggravated increase of concurrent crimes” in Article 37(1)2, and Article 50 of the Criminal Act’s phrase “the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act” is amended to read “the former part of Article 37, Article 38(1)2, Article 38(2), and Article 50 of the Criminal Act.”

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