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(영문) 광주지방법원 2016.09.21 2016노800
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 (two years of suspended sentence, two years of probation, observation of protection, one hundred and sixty hours of community service order, and forty hours of lecture for compliance driving) is too uneasy and unreasonable.

2. The instant crime committed by the Defendant, while driving alcohol, resulting in a traffic accident by the center line, and thereby causing injury to the victims is not good.

In addition, there is a history of punishment once due to one drinking driving.

On the other hand, in full view of the fact that the defendant reflects his mistake in depth, there is no history of punishment for the same kind of crime since 2008, the vehicle of the defendant is covered by the comprehensive automobile insurance and the degree of injury to the victims is relatively minor, and other various sentencing conditions in the arguments in this case including the circumstances of the crime in this case, circumstances after the crime in this case, the defendant's age, sexual behavior and environment, and the result of the application of the sentencing guidelines of the Supreme Court Sentencing Commission, the prosecutor's assertion is without merit, since the sentence imposed by the court below is too unafford

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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