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(영문) 광주지방법원 2016.06.14 2015노3255
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unfilled and unfair (a prosecutor stated his/her opinion that he/she shall be sentenced to imprisonment with labor for ten months). 2. Determination on the grounds that the Defendant repeatedly driven a license without permission, and that the Defendant again caused an accident that he/she is driving by a license without permission even though he/she was under suspension of execution due to the same kind of crime is disadvantageous to the Defendant.

On the other hand, the defendant submitted a written application to the effect that he did not want the punishment of the defendant in the case of the victim's children.

At the time of the accident, the place where the accident occurred is the left-hand road and it is difficult for the defendant to predict that the defendant will enter the road by pushing the bicycle in a part of the damaged person.

In addition, considering the Defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, and other factors of sentencing, it cannot be deemed that the sentence imposed by the lower court is too uneasible and unfair.

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

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