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(영문) 울산지방법원 2014.09.05 2014노487

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In light of the overall circumstances of this case, the sentence (10 months of imprisonment without prison labor, 2 years of suspended execution, etc.) imposed by the court below on the defendant is too uneasy and unfair.

However, in full view of the following: (a) the Defendant’s vehicle operated by the Defendant was covered by a comprehensive insurance and agreed with the victim’s bereaved family members; (b) the Defendant’s age, family relationship, criminal records, character and conduct, environment, motive and circumstance of the crime, and other various sentencing conditions, including the Defendant’s age, family relation, criminal records, personality and conduct, circumstances after the crime, etc., the Defendant’s sentence imposed by the lower court is deemed reasonable; and (c) the prosecutor’s assertion of unfair sentencing is unreasonable on the ground that the Defendant’s sentence is too unreasonable.

If so, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.