logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.09.07 2018노733
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (10 million won in penalty) is too unhued and unreasonable.

2. The judgment of the court below is based on the following facts: (a) the Defendant committed the instant crime while driving a stroke, resulting in a traffic accident with the median line, resulting in the victims’ serious injury in need of at least 12 weeks of medical treatment; and (b) the Defendant’s liability is not minor.

However, in full view of all the sentencing conditions stated in the arguments of this case, including the defendant's age, sex, environment, circumstances after the crime, change of circumstances after the sentence of the lower judgment, etc., the lower court's punishment appears to be reasonable and appropriate and unreasonable, and it cannot be deemed unfair because it seems unfair because it appears that the lower court was within a reasonable and appropriate scope, and it was too unreasonable, considering the following factors: (a) the Defendant was the first offender, and the vehicle of this case was covered by a comprehensive motor vehicle insurance; (b) the victims and the victims want to take the Defendant's wife up to the trial; and (c) the Defendant's wife wanted to take the Defendant's wife up to the trial; and (d) the Defendant's wife wanted to take up the Defendant's wife against the Defendant.

Therefore, the prosecutor's above assertion is without merit.

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 appeal is without merit. It is so decided as per Disposition.

arrow