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(영문) 울산지방법원 2016.11.17 2016노693
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment without prison labor, two years of suspended execution, and 160 hours of social service) of the lower court is too minor or unreasonable;

2. Determination of the instant crime results in the victim’s serious injury, and the fact that it was not agreed with the victim is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime at latest and against it; (b) the Defendant reported to 119, etc. immediately after the accident; (c) the Defendant took prompt relief measures, such as reporting to 119; (d) the vehicle operated by the Defendant was admitted to a personal taxi mutual-aid association; and (e) appears to be a certain degree of stamp for the victim’s recovery from damage; (e) there are circumstances to deem that it was difficult for the Defendant to easily discover the victim due to the vehicle parked in around 02:30 vehicles; (b) the time of the accident occurred; (c) the Defendant deposited in cash for the victim at the trial; and (d) other factors such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; and (e) the circumstances before and after the instant crime, etc., which are conditions for the sentencing of the instant case, the lower court’s appeal is reasonable and reasonable. Therefore, the prosecutor’s appeal is without merit.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

(On the other hand, the prosecutor's appeal is without merit, but the prosecutor's appeal shall not be dismissed separately from the disposition of the court below, so long as the defendant's appeal is accepted and the court below is reversed. [In multiple cases] Criminal facts and summary of evidence recognized by the court is the same as the corresponding column of the judgment of the court below. Thus, it is acceptable to accept it as it is in accordance with

Application of Statutes

1. Criminal facts;

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