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(영문) 대구지방법원 2017.06.22 2016노5499

교통사고처리특례법위반(치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (ten months of imprisonment, two years of suspended execution, and forty hours of lecture of compliance driving) on the summary of the grounds for appeal is deemed unreasonable.

2. The Defendant, while driving a motor vehicle under the influence of alcohol and driving a motor vehicle without a license even though he/she had been punished twice due to drinking, caused the instant traffic accident to cause the victims.

However, in full view of all the sentencing conditions in the record, including the fact that the defendant recognized the facts charged, the fact that there was no previous conviction in addition to the fine, the victims did not want the punishment of the defendant, the degree of injury suffered by the victims is relatively minor, and the defendant's age, sex, environment, circumstances leading to the crime, and circumstances after the crime, etc., it is not recognized that the sentence of the court below is unfair and unfair.

3. As such, 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 by the court below (Provided, That the application of the judgment of the court below as to the crime of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents: Selection of Punishment: Imprisonment without prison labor for the crime of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury): Inasmuch as it is obvious that the omission of each choice is a clerical error, it is corrected ex officio by adding it).