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(영문) 대구지방법원 2017.06.20 2017노327
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of eight months, the suspension of the execution of two years, the community service work 80 hours, and the participation in compliance driving 40 hours) is deemed to be too uncomfortable and unfair.

2. The Defendant, even in 2014, had a record of being punished twice by a fine due to drinking driving, caused a traffic accident while driving a motor vehicle without a license.

However, in full view of all the sentencing conditions indicated in the record, including the fact that the Defendant recognized the facts charged, the fact that the instant driver’s vehicle is scrapped and does not repeat the crime, the fact that the injured party does not want the punishment of the Defendant in agreement with the victim of the traffic accident, the degree of injury suffered by the injured party is relatively minor, and the Defendant’s age, sex, environment, circumstances leading to the crime, and circumstances after the crime, etc., the lower court’s punishment is unfeasible and unreasonable.

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

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