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(영문) 대구지방법원 2017.12.14 2017노3389
도로교통법위반(사고후미조치)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the sentence of two years of suspended execution for six months of imprisonment, community service 40 hours, compliance driving lectures for forty hours) is deemed to be too uneasy and unfair.

2. The offense is bad, such as escape, in order to avoid liability even though the accused has caused a traffic accident, and the occurrence of a new traffic danger occurs in the course of inducing the victim.

The defendant has been guilty of more than 40 times of total of 40 times, including the past punished by a majority of the crimes of violating the same road traffic law.

However, in full view of the following factors: (a) the Defendant agreed with the victim that the victim was not punished by the Defendant; (b) the degree of the accident is relatively minor; (c) the vehicle is insured by the automobile mutual aid association; and (d) other factors of sentencing as shown in the records and arguments, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable.

3. 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.

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