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(영문) 서울남부지방법원 2013.09.26 2013노1112
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the reasons for appeal by the prosecutor is that the punishment (4 million won of fine) imposed by the court below is too unfasible and unfair.

Therefore, in light of the fact that the defendant was punished several times due to the violation of the Road Traffic Act by driving without a license or driving under the influence of the defendant while driving a taxi without a license, the traffic accident of this case was caused by the two victims, the victim was injured, and the victims did not reach an agreement with the victims, it is reasonable to punish the defendant strictly.

However, in full view of various circumstances that are favorable to the defendant, including the fact that the defendant personality and conduct, environment, motive, means, and result of the crime in this case and the sentencing conditions specified in the arguments and records of this case, considering all the circumstances alleged by the prosecutor as grounds for appeal, it is not recognized that the sentence imposed by the court below is too unreasonable, even if it is considered that the defendant's punishment imposed by the court below should be reversed.

Therefore, prosecutor's assertion is without merit.

Therefore, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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