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(영문) 대구지방법원 2017.03.16 2016노3358
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. The Defendant, while driving a motor vehicle without drinking alcohol even though he had been subject to punishment on several occasions, caused the instant traffic accident to cause the victims.

However, in full view of all the sentencing conditions indicated in the records, including the Defendant’s age, sex, environment, and circumstances after the crime, the lower court’s sentence is uneasy and unreasonable, and is not recognized as being unfair, in light of the following: (a) the Defendant recognized the facts charged; (b) the driver’s vehicle is covered by a comprehensive insurance and the victim’s injury is relatively minor; and (c) the crime of this case is in the relationship of single concurrent crimes before and after the judgment became final and conclusive under Article 37 of the Criminal Act.

3. As such, 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 by the court below (Provided, That it is obvious that the omission of “1. Selection of each fine: Fine” in the application of the judgment of the court below is a clerical error, and thus, it is corrected ex officio by adding it.)

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