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(영문) 울산지방법원 2017.03.23 2016노1818

교통사고처리특례법위반(치사)

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years of suspended execution in August) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Circumstances disadvantageous to the judgment: the degree of fault of the defendant is not less severe, and the result is extremely severe.

It seems that the bereaved family members suffered serious mental distress.

The terms of favorable circumstances have been agreed with the bereaved family of the victim.

In full view of the following factors: (a) the Defendant’s age and character environment, including the above unfavorable circumstances, favorable circumstances; (b) relationship with the victim; (c) motive means to commit the instant crime; and (d) all the sentencing conditions and the scope of recommended sentences according to the sentencing guidelines, including the circumstances after committing the instant crime; and (c) the punishment imposed by the lower court is too heavy or unreasonable.

3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.