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(영문) 울산지방법원 2017.02.09 2016노2090
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment) of the lower court is too heavy or unreasonable.

2. The instant crime committed by the Defendant, while under the influence of alcohol, runs away without taking necessary measures, such as rescue measures, and then causes secondary traffic accidents, and is highly likely to be subject to criticism, and the fact that no agreement has been reached with the victims is disadvantageous to the Defendant.

However, in full view of all the circumstances that are the conditions for the sentencing of this case, including the Defendant’s age, drinking volume, motive and circumstance leading to the instant crime, circumstance before and after the instant crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the above assertion by the Defendant and the Prosecutor is without merit, since it does not seem that the Defendant’s punishment is too heavy or unreasonable, and the above assertion by the Defendant and the Prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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