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(영문) 울산지방법원 2018.10.19 2018노760

교통사고처리특례법위반(치사)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The following facts are the circumstances that are favorable to the Defendant: (a) the Defendant voluntarily surrenders himself; (b) the Defendant voluntarily surrenders himself to the Defendant; (c) the victim’s bereaved family members agreed voluntarily with the victim’s bereaved family members at the investigation stage; and (d) the victim’s bereaved family members wished to have the Defendant’s wife up to the trial stage; and (c) the Defendant’s family members want to have the Defendant’s wife against the Defendant; and (d) the fact that social ties are relatively clear, such as

However, the crime of this case resulted in the death of the injured party while driving without a license. In light of the circumstances of the crime, the result of the damage, the circumstances after the crime, etc., in particular, the defendant was sentenced to a suspended sentence of six months on February 14, 2017 and committed the crime of this case during the suspended sentence of six years due to driving without a license on February 14, 2017, and was disadvantageous to the defendant. In full view of all other factors of sentencing as indicated in the arguments of this case, such as the defendant's health status, family relation, age, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, change of circumstances after the sentence of the court below, etc., the punishment of the court below is deemed to be within a reasonable and appropriate scope, and it cannot be deemed unfair.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition by the court below (Article 364(4) of the Criminal Procedure Act on the ground that the part of the decision of the court below regarding the Defendant’s decision of the sentence against the above Defendant’s violation of the Road Traffic Act (the application of the law) is that “each choice of imprisonment without prison labor for the crime of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death and Injury)” and that “1. Concurrent punishment” is each clerical error in Article 38(1)2 and (2)