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(영문) 울산지방법원 2017.05.12 2017노144
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence against the Defendant on the summary of the grounds of appeal (the imprisonment of eight months, the suspension of the execution of two years, and the demotion of compliance) is deemed to be too uneasible and unfair.

2. The judgment is based on the following facts: (a) the instant crime was committed by the Defendant while driving a motor vehicle in violation of the signal while under the influence of 0.104% alcohol level in blood, causing a traffic accident; (b) the degree of violation of the law and regulations is significant; (c) the Defendant’s vehicle did not buy an insurance policy and did not recover the victims’ damage; (d) the Defendant committed a crime of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, which constitutes one time suspension of execution and one time of fine due to a violation of the Road Traffic Act (driving).

However, in full view of all the sentencing conditions stated in the argument of this case, including the Defendant’s age, sex, environment, circumstances after the crime, change of circumstances after the sentence of the lower judgment, etc., the lower court’s punishment seems to be reasonable and appropriate, and it cannot be deemed unfair as it seems unfair, in light of the following: (a) the two-wheeled vehicle is a two-wheeled vehicle, and its danger is generally lower than passenger cars, and the victim’s injury is not much serious; and (b) the family members and branch members want to take advantage of the Defendant’s wife; and (c) there are other circumstances favorable to the Defendant.

Therefore, 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 appeal is without merit. It is so decided as per Disposition.

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