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(영문) 전주지방법원 2013.08.09 2013노532

교통사고처리특례법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, the community service order 120 hours, and the order to attend a lecture 40 hours) declared by the court below is too uneasible and unreasonable.

2. The crime of this case was committed in a state of driving a vehicle without a driver's license, which was not covered by mandatory insurance without a driver's license, and caused injury to the victim by negligence of excessive operation of hand on the right side while neglecting the duty of the front-time driver's license. In addition, the prosecutor's assertion is without merit, since the defendant instigated B, a passenger, to conceal such fact, to make a false statement that he had been driving, and the nature of the crime and the circumstances of the crime are not weak. However, although the defendant did not have any record of punishment for the same crime, and agreed to the crime of this case only with the victim, and the victim did not seriously reflects his mistake, the injury suffered by the victim is relatively minor, and other various circumstances that are the sentencing conditions in this case, such as the defendant's age, character and conduct, environment, family relationship, etc., the defendant's punishment imposed by the court below is too uneasible and unreasonable.

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