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(영문) 대구지방법원 2016.12.15 2016노1902

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment without prison labor for eight months, the suspension of execution for two years, and the community service order for 80 hours) of the lower court is deemed to be too unhued and unreasonable.

2. On the other hand, the accident of this case caused a serious result of cutting down the victim's right-hand knee part, the vehicle driven by the defendant is covered by liability insurance, and it was not agreed with the victim.

However, the defendant recognized the facts charged, and deposited 30,000 won for the victim, and the victim's negligence in relation to the occurrence of the accident in this case is also partly necessary.

And the defendant has no criminal history of the same kind of crime.

In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s sentence is not deemed unreasonable.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.