logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.02.14 2013노943
도로교통법위반(사고후미조치)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. According to the records on the Defendant’s appeal, the Defendant filed an appeal against the lower judgment on October 17, 2013, but did not file the appellate brief within 20 days from the deadline for submitting the appellate brief under Article 361-3(1) of the Criminal Procedure Act even when the Defendant was served with the notification of the receipt of the notification of the receipt of the trial record on November 11, 2013. The appellate brief does not include the grounds for filing the appellate brief, nor does the grounds for ex officio examination on the records be

2. As to the prosecutor’s appeal

A. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (a fine of KRW 10 million) on the defendant is too uneased and unreasonable.

B. At the time of the instant crime, the Defendant’s blood alcohol content exceeds 0.197%, the Defendant had been sentenced to more than 20 times due to a violation of the Road Traffic Act (Measures Taken after Accidents), a violation of the Road Traffic Act (Operation without License), a violation of the Road Traffic Act (Operation without License), and a violation of the Road Traffic Act (Offense of Violation of the Punishment of Sexual Crimes and Protection of Victims (Special Rape) on July 10, 2009, and committed each of the instant crimes again during the period of repeated crime after the execution of the sentence was completed. However, there were unfavorable circumstances, such as the Defendant’s agreement with the victim, the Defendant is in a state of light position deadness due to damage to light of the current number of light ships and other detailed uncertainty, and the Defendant’s age, character and behavior, the Defendant’s age, environment, and circumstances after the crime, etc., the Prosecutor’s assertion that the sentence imposed by the lower court is unreasonable is without merit.

3. In conclusion, the defendant's appeal shall be dismissed by decision under Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is ruled above, the defendant's appeal shall also be dismissed by decision.

arrow