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(영문) 광주지방법원 2017.03.30 2017노1007
교통사고처리특례법위반(치상)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (five months’ imprisonment without prison labor) is too unreasonable.

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

2. The following facts are favorable to the Defendant.

The defendant recognized the crime of this case and is against the law.

At the court below's decision, the victim F, H and the victim do not want the punishment of the defendant.

Vehicles driven by defendants are insured by the taxi mutual aid association.

On the other hand, the following is disadvantageous.

The instant traffic accident was caused by the Defendant’s negligence while driving the instant traffic accident in an excessive manner by violating the signal during the night hours.

One of the victims has suffered a large injury.

There is a record that the defendant was punished for the same crime.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too heavy or is not deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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