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(영문) 광주지방법원 2017.11.15 2017노3514
교통사고처리특례법위반(치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (five months of imprisonment and fine of three hundred thousand won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Each of the instant crimes is an unfavorable circumstance, where the Defendant committed a traffic accident by negligence in the course of performing duties while driving a registered substitute without a license, causing an accident by negligence in the course of performing duties, causing injury to the victim D, and at the same time causing damage to the victim B, the nature of the crime is not good, the degree of injury suffered by the victim D is serious, and the Defendant did not make any effort to recover the victims’ damage to the victim until the trial is held.

On the other hand, the fact that the defendant led to the confession of each of the crimes in this case and reflects his mistake, and that the victim B does not want the punishment of the defendant is favorable.

In addition, since there are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence of the lower judgment, the following facts are comprehensively considered in light of the records and various sentencing conditions indicated in the instant case, including the background of each of the instant crimes, the circumstances after the commission of the crime, the Defendant’s environment, etc., the lower court’s punishment is too heavy or it is deemed unfair as it is fluent. Therefore, the above assertion

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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