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(영문) 울산지방법원 2017.01.19 2016노2049
교통사고처리특례법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

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

2. The crime of this case is deemed to have caused a traffic accident resulting in the death of a victim by driving under the influence of alcohol by the Defendant, and thus, the crime of this case is highly likely to be subject to criticism without being good for the nature of the crime.

In addition, the degree of violation of the duty of care is not easy due to the accidents of the central line.

However, in full view of all the circumstances such as the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, circumstance before and after the instant crime, etc., and the sentencing conditions of this case as shown in the trial process, the lower court’s punishment is too heavy or unfasible and unreasonable, and thus, the Defendant and the Prosecutor’s above assertion are without merit, on the grounds that the Defendant and the Prosecutor’s aforementioned assertion are all 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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