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(영문) 울산지방법원 2016.06.09 2016노138
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 6,00,000) is too uneased and unreasonable.

2. The instant crime committed while driving a motor vehicle while under the influence of alcohol, but did not immediately stop the motor vehicle of another person and take necessary measures to avoid drinking control, and subsequently, the police officers, who had been on the patrol vehicle, stiffed the motor vehicle of the Defendant, suffered bodily injury by the police officers aboard the patrol vehicle by shocking the motor vehicle of the latter, and the liability for the crime is not less complicated.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant offenses; (b) the Defendant has no criminal history other than the Defendant’s criminal punishment of a fine of KRW 700,000,00 for the crime of injury; (c) the victim’s injury or material damage is not relatively heavy; (d) the vehicle operated by the Defendant is likely to have been recovered from comprehensive insurance; and (e) the Defendant’s vehicle is likely to have been covered by comprehensive insurance; and (e) other circumstances that form the condition for the instant sentencing in the process of records and trial, such as the Defendant’s age and circumstances before and after the commission of the offense, are 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 grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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