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(영문) 대구지방법원 2017.02.09 2016노3184
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment of eight months, the suspension of the execution of two years, the community service work 120 hours, the order to attend a law-abiding driving lecture) is too uneased and unreasonable.

2. While the Defendant had four times his previous convictions, such as driving under drinking, the Defendant caused the instant accident while driving in a drinking condition.

However, in full view of all the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s sentence is unfeasible and is not recognized as unfair, inasmuch as it is deemed unfair in light of the following: (a) the instant vehicle is covered by a comprehensive insurance and is agreed with the victim and thus, does not want the Defendant’s punishment; and (b) the Defendant

3. 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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