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(영문) 울산지방법원 2020.04.10 2019노1302
교통사고처리특례법위반(치사)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year’s imprisonment without prison labor) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant is that the defendant would not repeat again while against his mistake; that the defendant has no penalty power exceeding the fine; that the vehicle of this case is covered by a comprehensive insurance and thus compensation for damage is expected to be made within the scope; and that some of the circumstances that take into account in the living environment of the defendant appear to be favorable to the defendant.

On the other hand, the instant traffic accident is an unfavorable condition to the Defendant that the victim died due to the Defendant’s speed violation and signal violation, and the illegality of the Defendant’s act or the degree of damage is serious, and that the victim’s bereaved family members want to punish the Defendant.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, character, conduct and environment, etc., the lower court’s punishment seems to be within a reasonable and appropriate scope, and cannot be deemed excessively heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, 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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