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(영문) 울산지방법원 2018.12.21 2018노901
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unreasonable.

2. The circumstances favorable to the Defendant are the following: (a) the judgment unit; (b) the degree of injury of the victims is relatively heavy; (c) the vehicle is covered by a comprehensive automobile insurance policy; and (d) the Defendant is both starting up his/her criminal act and seriously reflects his/her criminal act.

However, the crime of this case was committed without taking necessary measures to prevent traffic accidents, such as neglecting the situation at the front left left and left, causing injury to the victims by the negligence of the central line, etc. In light of the contents of the negligence, the degree of damage, the circumstances leading up to escape, etc., which are disadvantageous to the defendant, such as the fact that the defendant did not make any effort to recover from damage, and that the victims did not receive any instruction from the victims, etc. In addition, in full view of all the sentencing conditions as shown in the arguments of this case, including the financial circumstances, health conditions, age, sex, environment, motive, means, and consequence of the crime, the circumstances after the crime was committed, and whether there was any change in circumstances after the sentence of the court below, the sentence of the court below seems to be within a reasonable and appropriate scope, and it cannot be deemed unfair because it is excessively unreasonable.

Therefore, the defendant's assertion is without merit.

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

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