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(영문) 울산지방법원 2014.08.08 2014노451
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall circumstances of the instant case, the sentence imposed by the lower court on the Defendant (a fine of KRW 10 million) is too uneasible and unreasonable.

2. The crime of this case is deemed to have caused the death of a victim on board a bicycle by collisioning with another lane, and there are disadvantageous circumstances, such as the result of the crime, and the fact that the victim did not agree with the bereaved family of the victim at night. However, the traffic accident of this case occurred when the victim gets a bicycle at night without a pedestrian signal. The victim's bereaved family members are covered by a comprehensive insurance contract with the insurance company, and the victim's bereaved family members reach an agreement with the insurance company, there is no criminal punishment power against the defendant, the defendant deposited a certain amount for the victim's bereaved family members, and all other circumstances, including the defendant's age, character and behavior, living environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

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

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