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(영문) 대구지방법원 2017.07.20 2017노2463
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.

2. Although the Defendant had been punished for a majority of traffic-related crimes, such as drinking, driving without a license, and violation of the Guarantee of Compensation for Motor Vehicles Act, the Defendant caused a traffic accident while driving a cargo vehicle not covered by mandatory insurance without being aware of during the repeated crime period, in the state of 0.214% alcohol level in the blood alcohol level without a driver's license for a motor vehicle again, caused a traffic accident, resulting in an injury to the victim F, resulting in another traffic accident, resulting in a physical damage to the victim D on the same day, and even if he/she did not make efforts to recover the damage, the degree of criticism is large in that he/she did not receive from the victims because he/she failed to meet all efforts to recover the damage.

However, in full view of the following factors: (a) the Defendant committed an offense while committing a crime; (b) the victim F’s injury is relatively minor; and (c) the Defendant’s age, health, environment, and circumstances after committing a crime; and (d) the overall sentencing conditions indicated in the arguments and arguments, the lower court’s punishment is too unfeasible and unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (Provided, That the court below's application of the law to "Article 46 (2) and the main text of Article 8 of the Guarantee of Automobile Compensation Act" is a clerical error in the provisions of Article 46 (2), 2, and the main text of Article 8 of the Guarantee of Automobile Compensation Act, and thus ex officio correction is made.

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