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(영문) 대전지방법원 2016.05.26 2016노383
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. It is unfair that the lower court’s sentence against the Defendant on the summary of the grounds of appeal (unfair sentencing) (two years of suspended sentence in October, the community service order80 hours in the community service order, and the order to attend a compliance driving lecture 40 hours in the community service order) is too uneasible.

2. The fact that the defendant was punished for the same kind of crime in violation of the Road Traffic Act (drinking driving) seems to be disadvantageous to the defendant, or that the degree of damage caused by the accident in this case is not severe. In full view of the defendant's age, sex, environment, motive, means and consequence of the crime and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence after the crime, the court below's punishment against the defendant cannot be deemed unfair, and thus, the prosecutor's improper argument in sentencing is without merit.

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. It is so decided as per Disposition.

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