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(영문) 광주지방법원 2016.08.17 2016노109
교통사고처리특례법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (two years of suspended execution for the four months of imprisonment without prison labor, eight hours of community service order, and forty hours of lecture order for compliance driving) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant shows an attitude from the first investigative agency to recognize the crime of this case and repenting his mistake in depth. The defendant immediately after the accident occurred, he made efforts to take necessary measures against the victim by making a report to 119 immediately after the accident. The victim was paid insurance money because the motor vehicle driven by the defendant was covered by the comprehensive motor vehicle insurance, and the defendant was able to take the action against the defendant by mutual consent with the victim (agreement 3.5 million won) at the court below, and the defendant did not have any same criminal record before the crime of this case.

On the other hand, the crime of this case was committed by the defendant while the defendant was active, and the degree of injury suffered by the victim was serious.

In addition, in full view of the background of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines of the Supreme Court sentencing committee, the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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