beta
(영문) 광주지방법원 2016.11.03 2016노1021

교통사고처리특례법위반등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (4 months of imprisonment without prison labor, 2 years of suspended execution, 160 hours of community service, 40 hours of order to attend a compliance driving) of the lower court is too uneasible and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The judgment of the Defendant is an unfavorable condition to the Defendant, inasmuch as the Defendant violated the duty to safely change course while driving a motor vehicle and caused a large traffic accident of which eight injured vehicles are damaged by the injury, and the fact that no agreement has been reached with the victims, etc.

On the other hand, the fact that the defendant recognized his mistake and reflects, that the sum of compensation for personal damage and compensation for physical damage is paid to the victims through liability insurance subscribed to by the defendant, and that the defendant has no record of criminal punishment exceeding the fine, is more favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is not deemed to be too weak or unreasonable, and thus, the prosecutor and the Defendant’s assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.