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(영문) 대전지방법원 2015.12.02 2015노2052
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year, two years of suspended sentence, 160 hours of community service, and 40 hours of law-abiding driving lecture) of the court below against the defendant is too uneasible and unfair.

2. The judgment of the Defendant caused a traffic accident while driving a vehicle without mandatory insurance under a significant blood alcohol concentration (0.128%). The fact that the crime was not good, that it did not reach an agreement with the victims, that was not recovered from damage, and that there was six times a fine for traffic-related crimes, is disadvantageous to the Defendant.

However, the fact that the defendant led to the crime of this case and reflects his mistake, and that the injury suffered by the victims is relatively minor is favorable to the defendant.

In full view of the above circumstances and the circumstances leading to the instant crime, including the circumstances and motive, the circumstances after the commission of the instant crime, the age of the accused, character and conduct, family relationship, environment, occupation, etc., and the sentencing conditions as shown in the court below and arguments, it is difficult to apply the sentencing criteria as they are in a mutually concurrent relationship with the instant crime of violation of the Road Traffic Act, and there is no sentencing criteria for the instant crime of violation of the Road Traffic Act (driving) and the instant crime of violation of the Guarantee of Automobile Accident Compensation Act.

Since the sentence of the court below is too uneasible and unfair, the prosecutor's above assertion of unfair sentencing is not accepted.

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

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