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(영문) 광주지방법원 2018.05.17 2017노3513
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (two years of suspended sentence for seven months of imprisonment, two years of community service work, 240 hours, and forty hours of instruction of compliance driving) is too unfford and unreasonable.

2. The judgment of the Defendant committed the instant crime by driving without a license, even though he/she had been subject to punishment twice or three times due to driving without a license in the past, is disadvantageous.

On the other hand, there are more favorable circumstances such as the fact that the defendant recognizes his criminal act and reflects it, the degree of injury suffered by the victims is relatively heavy, the agreement with the victim C and deposit part of the amount of damage for the victim E, and the fact that the defendant has no record of punishment exceeding the fine.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and thus, cannot be deemed unfair. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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