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(영문) 울산지방법원 2017.05.12 2016노2137
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The prosecutor'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 (the imprisonment of eight months and the suspension of execution of two years) is too unhued and unfair.

2. The crime of this case committed by the Defendant by negligence in the course of carrying out his duty, disregarding the victim who demanded a stop of traffic accident, and the Defendant committed the crime, resulting in the victim’s injury requiring approximately three weeks of medical treatment, and resulting in danger and impediment to traffic, such as driving the Defendant’s vehicle, etc., is disadvantageous to the Defendant.

However, the fact that the defendant recognized the crime and reflects his mistake, that the victim does not want punishment against the defendant by the defendant's agreement with the victim in the original trial, that the vehicle of the defendant is covered by a comprehensive insurance, that there is no record of crime exceeding the fine of the defendant, etc. are favorable to the defendant.

In full view of the above unfavorable circumstances and favorable circumstances, as well as the overall conditions of sentencing as shown in the pleadings, such as the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, etc., the prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unfair.

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

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