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(영문) 수원지방법원 2014.03.20 2014노413
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor's assertion of unfair sentencing by the defendant on the assertion of unfair sentencing is not well-founded even though he was sentenced to a fine on one occasion for a repeated crime during the period of repeated crime, and the two times of drinking driving as stated in the facts of the crime in the judgment below, and the crime of abusiveing a police officer despite having been sentenced to obstruction of performance of official duties, etc. However, in full view of favorable circumstances such as the defendant's recognition of the crime and mistake, and the damage caused by traffic accident is relatively minor, and other favorable conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, criminal background, circumstances before and after the crime, etc., it cannot be said that the punishment imposed by the court below (eight months of imprisonment) is too unreasonable.

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

[However, it is evident that the decision of the court below was omitted that "each choice of punishment of 1.0, the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents" was omitted with respect to the selection of punishment of 1.0, the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the violation of the Road Traffic Act, the violation of the Road Traffic Act (unnecessary Measures), the violation of the Road Traffic Act (driving) and the violation of the insult." Thus, it shall be corrected ex officio

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