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(영문) 대구지방법원 2017.07.11 2017노351

교통사고처리특례법위반(치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The Defendant caused the instant traffic accident while driving alcohol, thereby causing the victim’s injury.

However, in full view of the following: (a) the Defendant recognized the facts charged; (b) there was no previous conviction; (c) driving vehicles are covered by comprehensive insurance; (d) the degree of injury inflicted on the victim is relatively minor; (c) the Defendant paid KRW 3 million to the victim; (d) the impact of the instant criminal trial results on the Defendant’s status, occupation, etc.; (e) the Defendant’s age, sexual conduct, environment; (e) background leading to the commission of the crime; and (e) the circumstances after the commission of the crime, etc., the Defendant’

3. As such, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That the application of the judgment of the court below, “the pertinent legal provision on criminal facts” in the application of the law of the court below, is obvious that the omission of “1. Selection of the sentence: Selection of the fine: the addition is a clerical error, and it is corrected ex