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(영문) 울산지방법원 2017.11.30 2017노1262
교통사고처리특례법위반(치사)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of suspended sentence in six months 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 relation to the occurrence of the accident of this case, there is considerable negligence on the victim crossing the roadway without permission at night.

In the investigation stage, the defendant paid 30 million won to the bereaved family members of the victim and the bereaved family members of the victim do not want to be punished for the defendant.

D. Unfavorable circumstances: In light of the fact that the accident of this case occurred on the two-lane road in which the speed of the accident of this case is 60 km per hour, the signal lights are installed at the location where the accident of this case does not fall far from the point where the accident of this case, there were no special problems in the front direction at the time of the accident of this case, and the type of sea shields, etc., the Defendant’s occupational negligence is small.

It can not be seen, and there was an extremely serious result of the victim's death.

The defendant has been punished once by a fine for the same kind of crime.

When comprehensively considering the following favorable circumstances, including the above favorable circumstances, the defendant's age and character environment, relation to the victim, motive and consequence of the crime, the circumstances after the crime, etc., as well as the various sentencing conditions indicated in the arguments and records of this case, and the scope of the recommended punishment according to the sentencing guidelines (the imprisonment without prison labor for February to one year [the type] (the special mitigated factors] of the type 2 (the occurrence of traffic accident) (the special mitigated factor] of the ordinary traffic accident, and the victim is not subject to punishment (the scope of recommended sentences] of the special mitigation area (the scope of imprisonment without prison labor for two months to one year), it is not recognized that the sentence imposed by the court below is too unreasonable because it is too too unreasonable.

3. The Defendant’s appeal is without merit.

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