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(영문) 광주지방법원 2017.01.18 2016노1972
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for 8 months of imprisonment, 160 hours of community service order, 40 hours of compliance driving instruction) of the court below is too unfasible and unreasonable.

2. Determination of the instant crime is an unfavorable circumstance, such as the fact that the victim suffered serious injury, and the Defendant had been punished twice due to driving without a license.

On the other hand, the fact that the defendant properly recognizes and reflects his mistake, and the fact that the motor vehicle operated by the defendant is covered by the comprehensive insurance is a favorable condition.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the sentence imposed by the lower court is too unfasible and it is not 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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