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(영문) 울산지방법원 2016.09.01 2016노947
교통사고처리특례법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment without prison labor) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the defendant's mistake is recognized and against himself, the fact that the negligence of the victim crossing the crosswalk was caused by accident, the fact that the victim's bereaved family members were paid KRW 190 million through the comprehensive insurance of the substitute driving company to which the defendant belongs, the fact that the defendant deposited a total of KRW 5 million for the victim's bereaved family members, and the fact that the defendant did not have any criminal record, etc.

Meanwhile, the crime of this case was committed in violation of the speed and signal by the Defendant, resulting in an accident in which the victim was injured at the crosswalk, with a significant degree of negligence of the Defendant, resulting in a serious consequence of the victim’s death due to the accident of this case, and the fact that the victim’s bereaved family members still complained of a big pain, and that the victim’s bereaved family members still want to be punished against the Defendant.

In addition to these circumstances, considering the various conditions of sentencing as shown in the records and arguments, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, the scope of recommendations according to the sentencing guidelines of the Supreme Court Sentencing Committee (one year to three years of imprisonment) cannot be deemed as unfair because the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the defendant and prosecutor's assertion are without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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