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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2017.02.08 2016노4720
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of 80 hours) on the summary of the grounds of appeal is too unfasible and unreasonable.

2. The reason why the accused, while driving a drinking on an expressway, caused a traffic accident to many victims, and the quality of such crime is not weak;

There is no agreement with the victims until the trial.

The defendant has been punished three times by a fine due to drinking or driving without a license.

This point is the same as the prosecutor asserts.

However, the defendant recognizes and reflects the crime.

The degree of injury suffered by the victims is relatively minor, and since the defendant vehicle purchased the comprehensive motor vehicle insurance, it seems that the damage to the victims will be recovered.

Before 2008, the criminal records due to the drinking and driving without a license of the defendant were all prior to the lapse of a reasonable period from that time.

In addition, in full view of all other circumstances that serve as the conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, the court below’s sentence cannot be deemed to be unfair because it is too low, and thus, the prosecutor’s improper assertion of sentencing is rejected.

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

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