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(영문) 광주지방법원 2014.10.02 2014노1064
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 (two years of suspended sentence for six months of imprisonment, two years of suspended sentence, and probation) is too unhued and unreasonable;

2. The judgment of the defendant has a record of being punished for the same kind of crime such as without a license in 2003, suspension of the execution due to a drunk driving in the same year, imprisonment without a license in the same year, violation of the Act on Special Cases concerning the Handling of Drinking and Traffic Accidents, etc., and the punishment of a fine in 209 due to the violation of the Act on Special Cases concerning the Handling of Drinking and Traffic Accidents. The defendant is disadvantageous to the defendant that caused a traffic accident by driving a motor vehicle which is not covered by mandatory insurance in the state of drinking without a license in

However, in light of the favorable circumstances such as the defendant's punishment for the last ten years, the defendant has no record of being punished for the same crime except for a drunk driving in 2009, there is no record of being punished for a suspended sentence or more, the victim's damage level is relatively heavy, the victim does not want the punishment, and the defendant's age, character and behavior, environment, circumstances and result of the crime in this case, and all of the sentencing conditions in this case, such as the circumstances after the crime, it is not recognized that the court's punishment is too unjustifiable, and thus, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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