2016No1245 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act

A

Prosecutor

An abnormal prosecution, the seating capacity, and the public trial;

Gwangju District Court Decision 2016 Godan535 Decided April 21, 2016

January 31, 2017

The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

The sentence of the lower court (two years of suspended execution, community service, and lecture attendance order for eight months of imprisonment) is too unhued and unreasonable.

2. Determination

It is recognized that an accident occurred while the Defendant was driving while driving a vehicle in full state and did not reach an agreement with the victim. However, the Defendant suffered a simple contact with the rear vehicle during a short speed of less than 20km per hour, and the injury suffered by the victim is merely two weeks prior to the occurrence of the injury, and the Defendant’s vehicle is covered by a comprehensive motor vehicle insurance, and the damage caused by the accident seems to have been recovered to a certain extent. In full view of all the sentencing conditions of the instant case, such as the Defendant’s character and behavior, environment, motive and means of the crime, and consequence, etc., the lower court’s sentencing cannot be deemed to be the extent that the lower court should be reversed because it is excessively unfeasible.

3. Conclusion

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

Judges Kim Young-sik

Judges Yu Byung-ho

Reinforcement of Judges