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(영문) 대구지방법원 2017.07.13 2016노5035
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two months of imprisonment, two years of suspended execution, and forty hours of lecture to comply with community service order) of the gist of the grounds for appeal is deemed unreasonable because it is too unfasible.

2. The Defendant, by negligence, caused the instant accident, which led to the instant accident that led to the mispersion of the victim E-driving while driving a drinking alcohol, and caused three victims to be injured.

Among the victims, the victims FF suffered a serious injury from about 8 weeks in total.

The criminal liability of the defendant is not easy.

However, in full view of all the sentencing conditions in the records, such as the fact that the Defendant recognized the facts charged, the fact that there was no previous conviction exceeding the fine, the victims’ failure to punish the Defendant by agreement with the victims, and other circumstances that led to the Defendant’s age, sex, occupation, environment, circumstances leading to the commission of the crime, etc., the lower court’s punishment is not deemed unfair as it is deemed unfair.

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

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