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(영문) 울산지방법원 2020.11.13 2020노881
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. As to the grounds for appeal, the fact that the Defendant’s judgment against his fault did not repeat again while reflecting his fault, the fact that the victims are deemed to have been compensated due to the liability insurance subscribed by the Defendant, and that there are some circumstances that may be considered in the living environment of the Defendant is favorable to the Defendant.

On the other hand, the degree of negligence of the defendant and the degree of injury suffered by the victims due to the crime of this case are not less than that of the victim, and that the defendant was not able to receive from the victims is disadvantageous to the defendant.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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