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(영문) 대구지방법원 2017.06.22 2016노5523
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two months of imprisonment, two years of suspended execution, 80 hours of community service, and 40 hours of instruction of compliance driving) on the summary of the grounds of appeal is deemed to be too uneasible and unfair.

2. The Defendant, even though having been subject to punishment twice due to driving under drinking, has committed a traffic accident resulting in two victims while driving again and causing a traffic accident. The Defendant also committed a crime of refusing to measure drinking.

However, in full view of the following facts: (a) the Defendant recognized the facts charged; (b) there is no previous conviction in addition to a fine; (c) the victim’s injury is relatively minor; (d) the victim E does not want the punishment of the Defendant (the remainder of the victim F is the seater of the vehicle driven by the victim E); and (c) other factors of sentencing as indicated in the records, such as the Defendant’s age, sexual conduct, environment, circumstances leading to the commission of the crime; and (d) circumstances after the commission of the crime, the lower court’s punishment is deemed unreasonable.

3. In conclusion, 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 (Provided, That since it is obvious that the "Article 44 (1) (on the part of the judgment of the court below)" of the 3th page 7 of the judgment of the court below is a clerical error in the "Article 44 (2) (on the part of the judgment of the court below, it is corrected ex officio to change it.)

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