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(영문) 춘천지방법원 강릉지원 2013.09.10 2013노264
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (limited to eight months of imprisonment, two years of suspended execution, 40 hours of attending the law-abiding lecture, and 80 hours of community service) is too uneasible and unfair.

However, the crime of this case was committed by the defendant while driving a vehicle not covered by mandatory insurance in drinking condition, thereby damaging two damaged vehicles and causing injury to three victims on board the vehicle, and the liability for the crime is not minor.

However, considering the fact that the victims suffered injuries are less than two weeks of total injury, the victim G, and I deposit KRW 1 million and KRW 1.5 million with each victim E, and the fact that there is no previous violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in 2000, except for those punished by a fine in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the defendant's age, character and conduct, motive, means and consequence of the crime, and all other circumstances that are the conditions for the sentencing in this case, such as the circumstances after the crime, etc., the sentencing of the court below is too unjustifiable and unreasonable.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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