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(영문) 광주지방법원 2016.11.24 2016노1138
도로교통법위반(사고후미조치)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (the fine of KRW 6,00,000) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case is not likely to be a crime because the defendant, while driving a motor vehicle by negligence, has stopped immediately and proceeded without taking necessary measures even though he/she has damaged the victim's vehicle while driving the motor vehicle.

The Defendant committed the instant crime during the suspended execution period due to the crime of injury, etc.

The defendant has been punished several times due to traffic-related crimes, and among them, the sentence is also included.

On the other hand, the following conditions are favorable.

The degree of damage of the damaged vehicle is not much serious.

The insurance money of KRW 1,283,00 was paid to the victim with the automobile repair cost, etc. through the comprehensive vehicle insurance that the Defendant driven.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, character and conduct, and environment, etc., as well as various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment is not deemed too weak or unreasonable, and thus, the prosecutor and the Defendant’s assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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