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(영문) 울산지방법원 2016.06.16 2016노402
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution, 80 hours of community service, and 40 hours of order to attend a course in the period of eight months of imprisonment) is too unhued and unreasonable.

2. The instant crime is deemed to have been committed by the Defendant while driving a van without a driver’s license while causing an injury to 10 passengers of the same passenger. In light of the content and circumstances of the instant crime, the degree of negligence of the Defendant, the number of victims and the degree of injury, etc., the liability for the instant crime is not provided against the Defendant.

In addition, there is still no agreement with some victims.

However, if the defendant recognizes his mistake and reflects the defendant, and the defendant did not want to punish the defendant in the course of the judgment of the court below, and the victim did not want to punish the defendant, and most victims deposited 100 to 50 million won, and the victims received injury insurance money, and the defendant paid the liability for indemnity money to an insurance company or agreed with the insurance company, the defendant did not have any criminal record of suspended execution or more, the defendant did not have a criminal record of suspended execution or more, and the scope of the recommended punishment (not less than four months) according to the sentencing guidelines of the sentencing committee of the Supreme Court, together with the defendant's age, sex and environment, circumstances after the crime, as well as the sentencing guidelines of the sentencing committee of the Supreme Court, it cannot be deemed unfair because the sentence imposed by the court below is too un

Therefore, 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 appeal is without merit. It is so decided as per Disposition.

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