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(영문) 울산지방법원 2016.07.07 2016노605

교통사고처리특례법위반등

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The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (eight months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. The crime of this case, while driving a motor vehicle in the state of driving, is sufficient for the victim who has dried the crosswalk pursuant to the new subparagraph, and the crime is not significantly good, and there is a history of criminal punishment of a fine once due to driving of drinking in the past, and the fact that the victim suffered serious injury due to the accident of this case is disadvantageous to the defendant.

However, in full view of the facts that the Defendant recognized all of the instant offenses, the vehicle involved in the accident is subscribed to a comprehensive insurance, and thus, it seems that damage recovery would be made to a certain extent, and the Defendant deposited five million won in cash for the victim, and other circumstances that form the conditions for the instant sentencing as shown in the process of the trial and records, including the Defendant’s age, sex, family relationship, and circumstances before and after the commission of the crime, the lower court’s punishment is too uneasy and unreasonable, and thus, the prosecutor’s above assertion is without merit.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.