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(영문) 울산지방법원 2020.08.28 2020노314
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment without prison labor for five months and fines for three hundred thousand won) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant recognized the instant crime; (b) the fact that some medical expenses were paid to the victim; and (c) the Defendant appears to have some of the factors to be considered in the living environment, such as taking workplace cancer operations.

However, even though the same punishment power has been several times, the defendant did not neglect the operation of a motorcycle without a driver's license, and caused serious injury to the victim by breaking the central line. The defendant has a high possibility of criticism against the defendant. The defendant suffered from the pain that the victim should cut satisfy, and even until now, it seems that the victim and his family members have suffered from severe punishment due to the accident after the aftermath of the accident, and the fact that the victim and the victim's family members want to be punished by the defendant is disadvantageous to the defendant. In full view of all the sentencing conditions indicated in the argument of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, changes in circumstances after the crime was sentenced, and whether there was a change in circumstances after the judgment of the court below was sentenced, it cannot be said that the sentence of the court below is unreasonable and unreasonable.

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

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