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(영문) 대구지방법원 2017.11.09 2017노2403
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended sentence in the month of imprisonment with prison labor, two years of suspended sentence, and observation of protection) is deemed to be too unhued and unreasonable.

2. Although the Defendant was able to have been punished for the same offense, such as drinking, driving without a license, etc., the Defendant, while driving a motor vehicle without a license, caused the instant traffic accident and sustained the victim, and did not receive any instruction from the victim.

The criminal liability of the defendant is not easy to say.

However, in full view of the following factors: (a) the Defendant recognized the instant crime; (b) the degree of the victim’s injury is relatively minor; and (c) the Defendant’s age, sex, environment, background leading up to the commission of the crime; and (d) the circumstances after the commission of the crime, etc., the lower court’s punishment is too unfeasible and unreasonable.

3. As such, the prosecutor’s appeal is without merit, and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That the omission of “1. Small amount mitigation: Articles 53 and 55(1)3 of the Criminal Act” in the application of the judgment of the court below is obvious that it is a clerical error, and it is corrected ex officio as an addition).

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