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(영문) 울산지방법원 2015.07.10 2015노370
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 500,00,000 is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) the Defendant was the first offender; (c) the Defendant was given prompt relief to the victim after the instant crime; (d) the injury suffered by the victim was minor; and (e) the Defendant’s economic situation is difficult.

However, the crime of this case is a situation unfavorable to the defendant, in light of the circumstances of the accident and the degree of negligence of the defendant, etc., that the defendant's negligence while driving a offtotobb, which led to the shock of the victim who dried the crosswalk pursuant to the pedestrian signals, and caused the injury. In light of the circumstances of the accident and the degree of negligence of the defendant, etc., the court below appears to have sentenced to a fine of KRW 500,000,000 in full consideration of the favorable circumstances of the defendant, and there

In full view of the above favorable circumstances and unfavorable circumstances, the Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime, general sentencing in the same or similar case, etc., even if considering all favorable circumstances for the Defendant, the lower court’s punishment cannot be deemed as being excessively unreasonable. Thus, 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 on the ground that it is without merit. It is so decided as per Disposition.

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