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(영문) 전주지방법원 2016.09.09 2016노877
도로교통법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 700,000) is too unfased and unreasonable.

2. The crime of this case is a situation unfavorable to the Defendant, such as the following: (a) the Defendant’s driving of a vehicle not covered by mandatory insurance and causing a traffic accident and causing damage to KRW 960,000 to repair the vehicle owned by the victim; (b) the Defendant has been subject to criminal punishment at least ten times due to special larceny, etc.; and (c) the Defendant did not reach an agreement with the victim up to the trial; and (d) did not take any measures for the recovery of damage.

On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake, that the degree of damage suffered by the victim due to the crime of violating the Road Traffic Act is not significant, that the victim driver's vehicle can recover from the comprehensive motor vehicle insurance to a certain extent, that it seems that the economic situation of the defendant is not good, and that the defendant would not repeat the same mistake again.

It is hard to say that it is favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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