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(영문) 대전지방법원 2016.09.29 2016노739
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence against the Defendant (a prison term of 10 months, 2 years of suspended sentence, 2 years of probation, observation of protection, community service order 80 hours, 40 hours of lecture order of compliance driving, and 40 hours of lecture order of compliance driving) is deemed unreasonable

2. The crime of this case is a case in which the defendant caused a traffic accident while the defendant was in the state and sustained injury to the victims, and the crime is not good, and is disadvantageous to the defendant.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence, the Defendant’s sentence against the Defendant is too uneasible and unfair, and thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure). However, among the application of the statutes of the court below as stated in the judgment below pursuant to Article 25 (1) of the Rules on Criminal Procedure, the last letter "type" in Article 38 (1) 2 shall be deleted, and the same page "Article 38 (1) 2" shall be deemed to be "Article 38 (1) 2 and 38 (2)."

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