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(영문) 광주지방법원 2017.01.10 2016노1287

교통사고처리특례법위반등

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The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.

2. As the court below explained in the reasons for sentencing, the defendant's injury suffered by the victim is relatively minor and the injured person shall not be punished by the defendant by mutual agreement with the victim.

In addition, the Defendant was punished by a fine of KRW 700,00 in 202 and a fine of KRW 1 million in 2008 due to driving under drinking. As such, the Defendant was not sentenced to a fine exceeding a fine due to the same crime, and there was no record of being subject to criminal punishment for the same crime since 2008, which was around 8 years prior to the 2008.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, and all of the sentencing conditions in the instant case, such as the circumstances after the crime, it is difficult to deem that the lower court’s punishment of KRW 6 million has reached the degree of destruction because it is too short.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.