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(영문) 울산지방법원 2014.12.24 2014노932
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (including six months of imprisonment without prison labor, two years of suspended execution, 40 hours of social service, and 40 hours of attending a compliance driving course) is too uncomfortable and unfair;

2. The judgment of the court below did not turn the head of the vehicle head at the new wall time and caused the victim to suffer from brain damage, etc. by negligence while driving the vehicle with the driver's head of the vehicle for about eight weeks, and caused the victim to suffer from such injury. However, although the criminal liability is not light, the defendant's approval and depth of the crime is recognized, the defendant deposited 4 million won for the victim in the court below, and the victim deposited 4 million won for the victim in the court below and agreed with the victim in the court below, the victim cannot be deemed to be at all because he was involved in the accident of this case while crossinging the general road of the victim, not the crosswalk, and the victim was not negligent since he was involved in the accident of this case. In light of the fact that the defendant received a fine of KRW 300,00 as a crime of occupationalization in 1987, the defendant did not have any criminal history, and considering all kinds of sentencing conditions such as the defendant's age, character, occupation, environment, and circumstances before and after the crime, the above ground for appeal is groundless.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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