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(영문) 창원지방법원 2017.11.02 2017노1762
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.

2. On November 12, 2015, the defendant was sentenced to a suspended sentence for 2 months due to his refusal to take a drinking test, and on November 12, 2015, the defendant was sentenced to a suspended sentence for 2 years due to his refusal to take a drinking test, and the driver's license was revoked on August 12, 2015, and caused a traffic accident due to his negligence while driving the pertinent non-exclusive license and neglecting the duty to drive safety, causing the victim's injury. In particular, the victim F suffered the heavy attention of 12 weeks, such as the left-hand frame, and the distance of the defendant's driving without the driver's license reaches 140km.

However, in full view of the following circumstances: (a) the Defendant acknowledges and reflects all of the crimes; (b) the degree of injury of the victim C and E is not much serious; (c) the victims do not want to be punished by the Defendant in agreement with the victims; and (d) the Defendant suffers from walking and hearing impairment due to cerebrovascular after the instant accident; and (c) need continuous rehabilitation treatment; and (d) other circumstances that form the conditions for sentencing as shown in the records and arguments of the instant case, including the Defendant’s age, environment, sex behavior, circumstances before and after the instant crime, and the circumstances before and after the instant crime, it is not recognized that the sentence imposed by the lower court is too

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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