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(영문) 울산지방법원 2016.12.08 2016노1136
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s penalty of KRW 4,00,000 (a fine of KRW 4,000) is too unhued and unreasonable.

2. The judgment of the driving under the influence of alcohol is a dangerous criminal leading to a large-scale accident, and further, that the defendant causes a traffic accident due to the driving under the influence of alcohol and causes the result of injury to the defendant is disadvantageous to the defendant.

However, in full view of all the circumstances, including the fact that the Defendant recognized all of the instant crimes, the fact that the Defendant’s driving vehicle is against the recognition of all of the instant crimes, the fact that a certain degree of damage recovery is expected to be made because the Defendant subscribed to comprehensive insurance, the fact that the Defendant agreed smoothly with the victim, the fact that the Defendant has no record of criminal punishment in the Republic of Korea, the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and the circumstances before and after the instant crime, etc., and other circumstances that form the conditions for the instant sentencing in the trial process, the lower court’s punishment is too uneasible and unreasonable

3. In conclusion, the prosecutor'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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