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(영문) 울산지방법원 2013.09.27 2013노505
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case, the punishment (10 months without prison labor) imposed by the court below on the defendant is too unreasonable.

2. Although there are favorable circumstances such as the fact that the defendant was admitted to the Cargo Mutual Aid Association, the defendant disposed of and closed down the vehicle after the traffic accident in this case, the defendant deposited KRW 40 million for the victim, the defendant supported his wife and his children, and there is no special circumstance to change the punishment of the court below. This circumstance seems to have been sufficiently considered in the court below, and there is no special circumstance to change the punishment of the court below, the result of the accident in this case is serious due to the traffic accident in this case, and there is no negligence on the part of the victim. The victim cannot be deemed to have been found to have been the result of the accident in this case. The victim is the most of one house that was healthy before his life, and the victim's family's severe pain and loss are very significant. The victim's family's strong punishment was not agreed with the victim's bereaved family, there is no evidence to deem that there was considerable negligence on the part of the victim in this accident, and there is no other evidence to support the defendant's age, character, and environment after the crime.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is groundless.

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