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(영문) 대구지방법원 2013.07.25 2013노836
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The penalty sentenced to the summary of the grounds for appeal (five million won of a fine) is too unhued and unreasonable;

2. On January 20, 2012, the Defendant was sentenced to imprisonment with prison labor for the crime of violating the Road Traffic Act (unlicensed Driving) on January 20, 2012, and was sentenced to 6 months of suspended execution and 2 years of suspended execution, and the Defendant was driving without the license in this case during the suspended execution period, and caused traffic accidents.

However, the defendant has not committed a second offense in depth while committing a crime.

The degree of injury suffered by the victim is relatively minor, and the defendant vehicle is covered by a comprehensive insurance.

In light of the circumstances after committing the crime, the Defendant’s age, character and conduct, environment, etc., the sentence imposed by the lower court cannot be deemed to be too uneasible and unfair, in light of the following circumstances.

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

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