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(영문) 광주지방법원 2017.11.08 2017노2638
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, two years of suspended sentence, two years of probation, observation of protection, community service order 120 hours, 40 hours of order to attend a lecture) is deemed too uneasy and unreasonable.

2. In light of the following: (a) there is no particular change in the sentencing conditions compared to the lower court’s determination; and (b) there are various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment seems unfair. Therefore, the Prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench (Provided, That the part of the court below’s imprisonment with prison labor for a crime of violating road traffic laws (driving without a license) by the 3th page 12 and 13 shall be punished by imprisonment with prison labor for the crime of violating road traffic laws (driving without a license) and the part of the "order to provide community service and attend lectures" by the 18th page of the same act is obvious that it is each clerical error of "1. Protection and observation, order to provide community service and attend lectures", and thus, it shall be corrected ex officio pursuant to Article 2

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