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(영문) 광주지방법원 2016.11.02 2016노3185
교통사고처리특례법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (four months of imprisonment without prison labor) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The crime of this case is not good in that the defendant who repeatedly committed the act of violating the Act on Special Cases concerning the Management of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents, etc. is committed at the same time. In particular, the defendant committed the crime of this case without being among persons despite the fact that he was sentenced to the two years of suspended execution on August 27, 2015 due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents on Special Cases concerning the Settlement of Traffic Accidents, etc. on August 27, 2015, and the defendant did not agree with the victims

On the other hand, it is advantageous to the fact that the defendant's mistake is properly recognized and reflected, the degree of injury suffered by the victims is easy, and the victims can recover from the damage because the taxi driven by the defendant is admitted to the mutual aid association.

In addition, in full view of the circumstances of the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., as well as the application of sentencing guidelines by the Sentencing Committee, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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