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(영문) 울산지방법원 2015.07.03 2015노147
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of one year, a suspended sentence of two years, a community service order of 120 hours and an order to attend a law-abiding lecture of 40 hours) that the court below sentenced is too uneasible and unreasonable.

2. The crime of this case on board is committed by the Defendant, while driving a vehicle under the influence of 0.158% under the influence of alcohol, resulting in the Defendant’s death by causing a traffic accident that causes the victim’s vehicle shock while driving the vehicle on the road at which the median cost is installed, leading to the death of the victim. Therefore, the Defendant’s negligence is very large and heavy.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognizes all of the crimes in this case and reflects the depth of the defendant, the vehicle of the defendant is covered by a comprehensive insurance, and the bereaved family members of the victim do not want to be punished by the defendant by agreement with the bereaved family members of the victim, and the fact that the defendant is the first offender who has no criminal power, the defendant's age, family relation, criminal record relation, character and conduct, environment, means and method of the crime, motive and circumstance of the crime in this case, and the result of applying the sentencing guidelines of the Supreme Court Sentencing Committee, it is not determined that the court below's sentence is unreasonable because it is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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