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(영문) 창원지방법원 2016.08.18 2016노1360
교통사고처리특례법위반등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each sentence (Defendant A: one year of imprisonment, two years of suspended execution, two years of social service, two years of suspended execution, two years of imprisonment, two years of suspended execution, one hundred and twenty hours of social service, and one year of suspended execution) declared by the court below to the Defendants is too uneasible and unfair.

2. The Defendants’ criminal act committed by Defendant A made a false statement to an investigative agency as if Defendant A driven a traffic accident in order to process insurance, making it difficult for Defendant A to exercise the State’s criminal justice authority by making a false statement to the investigation agency, and the nature of the crime is very bad, and despite being found guilty of the facts charged in the instant case as shown in the judgment of the court below, it still does not reflect the Defendants’ mistake by asserting that the instant vehicle was driven by Defendant B up to the trial. The instant vehicle was not covered by mandatory insurance and was not covered by the insurance, and it was not dealt with with the traffic accident, and it was not even agreed with the victims or has not recovered from the damage (Provided, That Defendant B deposited KRW 2 million for the victims’J by asserting that he was a driver), and Defendant A again committed the instant crime despite the history of punishment for the same kind of traffic crime, is disadvantageous to the Defendants.

However, the injury suffered by the victims of the instant traffic accident is relatively minor due to the tensions and tensions of the boness of two weeks in each of the needs, and Defendant A and B have no record of punishment exceeding the fine, etc., and the circumstances favorable to the Defendants are also recognized.

In full view of such circumstances and other circumstances as the Defendants’ age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the lower court’s punishment cannot be deemed as unfair because it is too uneasible and unreasonable.

3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit, and thus, Article 364(4) of the Criminal Procedure Act is applicable.

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