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(영문) 대구지방법원 2013.09.26 2013노1391
교통사고처리특례법위반등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. On April 30, 2013, the Defendant filed an appeal against the lower judgment on April 30, 2013, and submitted a written notification of the receipt of the trial record to the lower court on May 28, 2013, and was not submitted within 20 days from the receipt of the written notification of the receipt of the trial record. In so doing, it is apparent in the record that the grounds for appeal are not stated in the petition of appeal, and the record thereof cannot be

The defendant's appeal shall be dismissed by decision under Article 361-4 (1) of the Criminal Procedure Act, but the defendant's appeal shall be dismissed by judgment in addition to the following cases:

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) of the lower court is too uneased and unreasonable.

B. The Defendant had a record of punishment for multiple times due to drinking, driving without a license (the actual sentence, suspension of execution, and fine) and that resulting in a traffic accident after driving without a license during the suspension of the execution period.

However, the degree of damage caused by the instant accident is relatively minor, and the distance driven by the Defendant is less than 1 km.

In full view of the fact that it seems possible to recover damage within the scope of the victim's liability insurance, the fact that the defendant recognized the mistake of the crime of this case and reflects it, and all of the sentencing conditions shown in the records and arguments, such as the defendant's age, character, conduct and environment, etc., the punishment imposed by the court below cannot be deemed unfair because it

C. Thus, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act since it is without merit.

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