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(영문) 광주지방법원 2014.11.12 2014노1002
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence in October, community service order 120 hours, and 40 hours of order to attend a compliance driving course) of the lower court is deemed to be too uneasy and unreasonable.

2. The lower court’s punishment is deemed unfair on account of the following factors: (a) the degree of fault of the Defendant’s negligence was significant; (b) the Defendant had a criminal record of multiple times; (c) the Defendant committed the instant case at the time of the first adjudication of the first instance without being aware of the fact that the Defendant had been investigated in the instant case at the time of the second adjudication; and (d) the fact that the Defendant did not agree with the victims; (b) on the other hand, the Defendant recognized the Defendant’s mistake; (c) the degree of injury of the victims is minor; and (d) the Defendant’s vehicle is covered by a comprehensive motor vehicle insurance policy; and (e) other factors of sentencing specified in the instant argument, such as the background of the instant crime; (d) the circumstances after the crime; (e) the Defendant’s age, character and conduct; and (e) the Defendant’s vehicle

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

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