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(영문) 울산지방법원 2016.05.13 2015노1466
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment without prison labor for six months, one year of suspended execution, one year of community service, 80 hours of compliance driving, 40 hours of compliance driving) is too uneased and unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, inasmuch as the Defendant violated the signal and caused injury requiring treatment for about two months by shocking the injured party while driving a left-hand turn, and the case does not be less than that of the injured party, and the fact that the case did not reach an agreement with the injured party until the trial is in the first instance.

However, in light of the following circumstances: (a) the Defendant recognized the instant crime; (b) the taxi mutual aid association appears to have been recovered from damage to the victim by paying the victim the amount of KRW 14,772,450 as mutual aid money; (c) the first offender who has no record of criminal punishment in the past; and (d) the fact that two children are brought up by being divorced from his wife; and (c) the Defendant’s age, sex, family environment, motive and circumstance of the instant crime; and (d) other circumstances that are conditions for sentencing as specified in the trial process, such as the circumstances after the crime, etc., the lower court’s punishment is too excessive and unreasonable, and thus, the prosecutor’s assertion is without merit.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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