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(영문) 대전지방법원 2020.05.13 2019노1384
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) Defendant, who has been punished several times due to the violation of the Road Traffic Act due to the same type of drinking or unlicensed driving, caused a traffic accident while driving under a license without license at the same time during the suspended execution period due to the same type of crime; and (b) considering the fact that the risk of recidivism seems to be considerable, the lower court’s punishment is too unreasonable.

2. In light of the judgment, the circumstances alleged by the prosecutor in the grounds of appeal are deemed to have been sufficiently taken into account when determining the punishment in the court below. The defendant committed the crime in this case while recognizing the fact of the crime in this case, and the victim's injury is relatively minor, as well as other various sentencing factors in this case, including the defendant's age, character and conduct, environment, circumstances, circumstances of the crime, means and consequence, and the circumstances after the crime, etc., the judgment of the court below cannot be deemed to have exceeded the reasonable scope of discretion because it is too unafford.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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