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(영문) 울산지방법원 2017.07.14 2017노576
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (7 million won in penalty) imposed by the court below on the defendant is too unhutiled and unfair.

2. The crime of this case was committed without taking any measures to cause a traffic accident while driving a drinking alcohol, and the liability for the crime is not easy, and the defendant has already been punished by a fine of KRW 4 million due to driving under the influence of alcohol in this case, and even if he had already been punished by a fine of KRW 4 million in around 2012, there is a disadvantage to the defendant. However, the defendant does not have any past record other than the above fine, the damage caused by the accident in this case is not excessive, the defendant did not focus on the damage caused by the accident in this case, but agreed with the victim, and the defendant shows an attitude to recognize and reflect the crime, taking full account of the circumstances favorable to the defendant, such as the defendant's age, age, motive and circumstance of the crime, and circumstances after the crime, etc., the prosecutor's assertion is without merit, even if considering all the circumstances unfavorable to the defendant.

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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