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(영문) 울산지방법원 2020.11.13 2020노807

교통사고처리특례법위반(치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The judgment is based on the circumstances favorable to the defendant, such as the fact that the defendant had an attitude to recognize and reflect all of his errors in the trial, and that the defendant agreed with the victim, and that the victim did not suffer any injury.

However, the defendant not only has been punished for the same kind of crime but also went to the crime of this case without being able to do so during the period of suspension of execution due to the act of the same kind of crime. The fact that there is no opening, which is highly likely to be subject to criticism, and that the defendant's blood alcohol concentration at the time is very high and the risk of drinking is realized, etc., are disadvantageous to the defendant. In full view of all sentencing factors in the records and arguments of this case, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the court below's punishment cannot be deemed to be excessively unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.