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(영문) 광주지방법원 2016.09.21 2016노363
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of probation, eight hours of community service order, 40 hours of order of compliance driving, 40 hours of order of compliance driving) imposed by the court below is too uneasible and unreasonable.

2. The instant crime is an unfavorable circumstance where the Defendant, while driving a motor vehicle on a new wall, brought an injury to the four victims by causing a traffic accident while driving a motor vehicle on the new wall, and the degree of negligence is serious.

On the other hand, it is more favorable for the defendant to recognize and reflect his mistake properly, the victims C, G and the original agreement that the above victims are not punished for the defendant, the victim E and I deposited the agreed money for the victim E and I after the decision of the court below was made, and the defendant has no record of being punished for the same crime.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the sentence imposed by the lower court is too unfasible and it is not deemed 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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