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(영문) 울산지방법원 2017.03.23 2016노1952
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal that the court below sentenced the defendant (two years of suspended execution in October, community service order 160 hours, and 40 hours of order to attend a course) is unreasonable because it is too unfasible.

Judgment

Unfavorable circumstances: The defendant sent a traffic accident while drinking, and the degree of the accident is not easy.

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

The defendant is the first offender.

The victim was agreed with E.

The accident vehicle is covered by the comprehensive motor vehicle insurance.

In full view of the following factors: (a) the Defendant’s age and character environment, including the above unfavorable circumstances, favorable circumstances; (b) relationship to victims; (c) motive and means of commission of the crime; and (d) various sentencing conditions and the scope of recommended sentences according to the sentencing guidelines as stated in the instant arguments and records, including the circumstances after the crime, etc.; and (b) the sentence imposed by the lower court is too unreasonable and unfair.

In conclusion, the prosecutor's appeal is without merit and is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act (Provided, That the defendant's appeal is dismissed ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure, since it is clear that the defendant's erroneous office in Article 148-2 (1) 2 of the Road Traffic Act is "Article 148-2 (2) 2 of the Road Traffic Act" in Article 364 (3) of the Criminal Procedure Act.

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