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(영문) 울산지방법원 2015.11.13 2015노940
업무상과실일반교통방해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant led to confession and reflects on the crime of this case, that the defendant has no record of punishment for the same kind of crime, that there is no economic situation of the defendant, and that there is a family member to support the defendant.

However, the place of the instant crime, as a four-lane road, has caused serious traffic obstruction for about two hours due to the Defendant’s commission of the crime, and the risk of the occurrence of the accident seems to have also been reasonable, and there is no special circumstance or change in circumstances that may be newly considered in sentencing after the sentence of the lower judgment, etc. are disadvantageous to the Defendant.

In full view of the above favorable circumstances and conditions, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstances after the commission of the crime, and other various circumstances, which are conditions for sentencing as shown in the trial process, even if considering all favorable circumstances for the Defendant, it cannot be deemed unfair since the lower court’s punishment is too unreasonable. Thus, the Defendant’s assertion is without merit.

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

However, in accordance with Article 25 of the Rules on Criminal Procedure, Article 189(2) and Article 185 of the Criminal Act is amended to “Article 189(2) and Article 185 of the Criminal Act” in Article 17 of the Rules on Criminal Procedure, “Article 189(2) and Article 185 of the Criminal Act shall be amended to “Article 189(2) and Article 185 of the Criminal Act,” and “the choice of fines” in Article 25

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