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(영문) 울산지방법원 2017.06.09 2017노412
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (6 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The judgment reveals that the Defendant was under the influence of alcohol (0.124% alcohol concentration in blood) and caused a traffic accident, resulting in injury to the driver, etc. of the victimized vehicle, did not agree with the victims, and had the record of criminal punishment due to driving under the influence of alcohol. However, the Defendant’s receiving criminal punishment (1 million won) due to driving under the influence of alcohol is around 2002, and there is no other criminal record except the above fine, and the degree of injury suffered by the victims is significant.

In full view of the circumstances favorable to the defendant, such as the fact that the defendant's vehicle is difficult to see, the fact that the defendant's vehicle is covered by a comprehensive insurance, the fact that the defendant's mistake is recognized and reflects the defendant, and other circumstances that are conditions for sentencing as shown in the pleadings, such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, etc., even if considering all the circumstances unfavorable to the defendant, it cannot be deemed unfair since the court below's punishment is too unreasonable and thus, the prosecutor's assertion

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.

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