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(영문) 울산지방법원 2017.06.15 2017노445
교통사고처리특례법위반(치사)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years of suspended sentence for one year of imprisonment without prison labor) is too unreasonable.

2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.

In the occurrence of the instant traffic accident, the negligence of the victim, who dried up the crosswalk, even though it is not a pedestrian signal, is concurrent.

The marine vehicles operated by the defendant are covered by the comprehensive motor vehicle insurance and agreed with the bereaved family members of the victim.

There is no previous criminal record except that the defendant was punished for a fine of one million won in 2005 due to driving without a license.

The instant traffic accident caused the death of the victim of the crosswalk by shocking the victim of the crosswalk, which is extremely severe, and the degree of negligence is not easy.

In full view of the following factors: (a) the Defendant’s age and character environment, including the above favorable circumstances, the relationship with the victim, the motive means of the crime, the circumstances after the crime, etc.; and (b) the sentencing conditions and the scope of the recommended punishment according to the sentencing guidelines, such as the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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