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(영문) 울산지방법원 2021.01.14 2020노1113
교통사고처리특례법위반(치사)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The reason for appeal by the defendant is that the sentence of the court below is too heavy, and the reason for appeal by the prosecutor is too minor.

However, in addition to the fact that there is no change of circumstances that could affect the sentencing in the course of the trial, and the circumstances and the conditions of the sentencing stated in the reasons for sentencing as well as the records of the court below, it cannot be deemed that the sentence imposed by the court below is too heavy or unreasonable because it goes beyond the scope of the sentencing discretion.

All appeals filed by the defendant and the prosecutor are dismissed (Provided, That the "applicable law to the crime" as stated in the judgment of the court below shall be corrected ex officio as "Article 3 (1) and 3 (2) proviso 9 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act".

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