logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.01.05 2016노1853
교통사고처리특례법위반(치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

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

2. The judgment of the defendant recognizes all of the crimes of this case and reflects them, and the fact that the defendant has no record of criminal punishment heavier than imprisonment without prison labor for the same crime is favorable to the defendant.

However, in full view of the following circumstances: (a) the Defendant’s drinking value is high at 0.193%; (b) the degree of injury and damage caused by the instant accident is relatively weak; (c) the Defendant has a history of criminal punishment for the same kind of crime; (d) the Defendant is driving a vehicle not covered by mandatory insurance; and (e) the Defendant’s age, sexual conduct, environment; (e) motive and circumstance leading to the instant crime; and (e) other circumstances that form the condition for the instant sentencing as shown in the trial process, such as records and circumstances before and after the instant crime; and (e) the lower court’s punishment is too heavy or unfluened, and thus, the Defendant and the Prosecutor’s aforementioned assertion are 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.

arrow