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(영문) 대구지방법원 2017.06.29 2016노5409
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, 160 hours of community service, and 40 hours of compliance driving) on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.

2. The judgment of the Defendant, even though he had been punished three times due to drinking driving, was driving a motor vehicle without a license while driving the motor vehicle again, and caused the instant traffic accident, and the two victims were injured, and even the offender committed the crime of aiding and abetting the victim to evade his responsibility.

However, in full view of all the sentencing conditions indicated in the record, including the fact that the Defendant recognized the facts charged, the fact that there was no previous conviction in addition to the fine, the victims did not want the punishment of the Defendant, the degree of injury suffered by the victims is relatively minor, and the Defendant’s age, sex, environment, circumstances leading to the crime, and circumstances after the crime, etc., the lower court’s punishment is unobcied and unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That since the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter "Special Cases Concerning the Settlement of Traffic Accidents") No. 17 in the application of the judgment of the court below is obvious that it is a clerical error in the "Act on Special Cases Concerning the Settlement of Traffic Accidents" among the application of the judgment of the court below, it is a modification of the above Act. It is obvious that the "ordinary concurrence" and "aggravating concurrent crimes" are crimes of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury): the omission of the "

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