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(영문) 광주지방법원 2018.03.22 2016노2816
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a period of eight months of imprisonment and a fine of three hundred thousand won) is too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The defendant had the power to be punished for drinking driving and driving without a license, but caused a traffic accident while driving a motor vehicle under the influence of drinking or without a license.

It is not mandatory insurance that the defendant drives.

The victims E suffered injuries due to the accident, and the accident and the accident owned by the victims were damaged.

However, the defendant did not make any effort to recover damage, and the defendant escaped and avoided the trial.

On the other hand, the damage of the victim E is not severe and the damage of the victim is relatively minor.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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