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(영문) 울산지방법원 2017.04.14 2017노179
교통사고처리특례법위반(치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (eight months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant’s assertion of the judgment and the Prosecutor, together with the Defendant, recognized the Defendant’s mistake and against the Defendant; (b) the victim paid the Defendant medical expenses and agreed to the Defendant only by paying KRW 5 million; and (c) the victim does not want the Defendant’s punishment; (d) the expiration date is the time close to the crime of violating the Guarantee of Automobile Compensation Security Act; and (e) the Defendant’s family members want to take

On the other hand, at the time of each of the crimes of this case, the alcohol content of the defendant's blood reaches 0.160%, the risk of driving under the influence of alcohol is realized, and traffic accidents have occurred and the victim has been injured, and the defendant has been punished on seven occasions in total. In particular, on December 24, 2014, the defendant committed each of the crimes of this case under the suspension of the execution of imprisonment with prison labor for a period of two years, on October 8, 2015, due to a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed driving), and a violation of the Road Traffic Act (licensed driving). The fact that the defendant again committed each of the crimes of this case is disadvantageous to the defendant.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive, means, and consequence of the crime, circumstances after the crime was committed, and whether the change of circumstances occurred after the sentence of the lower judgment, etc., the lower court’s punishment appears to be within a reasonable and appropriate scope and cannot be deemed to be excessively heavy or unreasonable.

Therefore, each of the above arguments by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit.

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