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(영문) 대전지방법원 2016.12.01 2016노2670
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a two-month imprisonment) of the lower court against the Defendant is deemed unreasonable.

2. The fact that the crime of this case is not good quality, the fact that the defendant has been punished several times due to the violation of the Road Traffic Act (unlicensed driving), etc. is disadvantageous to the defendant; however, the defendant has led to the confession of the crime of this case; the principle of equity with the case where he has received a judgment at the same time as the crime of this case which became final and conclusive; and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and the circumstances after the crime, etc., the court below's punishment against the defendant is too unjustifiable and unreasonable. Thus, the prosecutor'

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

(4) According to Article 25(1) of the Rules on Criminal Procedure, the judgment of the court below ex officio is "Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act" as "Article 3(1), Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Criminal Act," and the application of the Act on Special Cases concerning the Settlement of Traffic Accidents, among the acts and subordinate statutes, Articles 6 through 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents," and the application of the Act on Special Cases concerning the Settlement of Traffic Accidents, among the acts and subordinate statutes, Articles 25(1) of the Rules on Special Cases concerning the Settlement of Traffic Accidents, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents," and Article 25(1) of the Rules on Special Cases concerning the Settlement of Traffic Accidents, respectively.

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