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(영문) 울산지방법원 2017.01.20 2016노2038

교통사고처리특례법위반(치사)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the arguments of the Defendant and the Prosecutor.

The crime of this case is committed by the defendant in violation of the signal while driving a motor vehicle without a driver's license and is committed by the defendant in violation of the traffic accident. One person is dead and one person dies and does not reach the degree of punishment. However, although the defendant was under drinking conditions at the time of this case, the defendant did not agree with the victims and did not recover sufficient damage, and the defendant has the record of being punished by a non-exclusive driving prior to this case, etc., which are disadvantageous to the defendant.

However, the fact that the Defendant recognized each of the crimes of this case, the Defendant did not have any record of punishment in excess of the fine prior to the instant case, funeral expenses, repair expenses, etc. were partially paid to the victims through the automobile insurance to which the Defendant subscribed, and the Defendant’s vehicle, which caused the death of the victim F, appears to overlap with the above victim who was in India while moving the cab to his shock to his shock, and the Defendant’s vehicle, which caused the death of the victim F, appears to overlap.

In light of the above circumstances favorable to the Defendant’s unfavorable circumstances and other circumstances, such as the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, etc., and the instant sentencing conditions as indicated in the trial process, such as the circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the above assertion by the Defendant and the Prosecutor is without merit.

3. In conclusion, all appeals filed by the defendant and the prosecutor are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all appeals filed by the defendant and the prosecutor are without merit. It is so ordered.