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(영문) 울산지방법원 2017.08.10 2017노499
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 years and six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the judgment: The defendant shows an attitude to recognize and reflect the crime of this case.

The accident vehicle is covered by the comprehensive motor vehicle insurance.

The defendant is the first offender.

D. Unfavorable circumstances: The crime of this case was committed by the Defendant while driving under the influence of alcohol level 0.220% while in the blood, and did not take any rescue and relief measures to the victim at the crosswalk, and eventually led to the death of the victim, and the crime was committed very poor.

The bereaved family members of the victim want to take severe punishment against the defendant.

In full view of the three types of punishment [the scope of punishment from 4 to 6 years] and the increased area (4 to 6 years of imprisonment] (the special aggravated person] (the driving of drinking), which include the above favorable circumstances, the defendant's age and character environment, relation to the victim, the motive and consequence of the crime, the circumstances after the crime, etc., as well as the sentencing conditions indicated in the arguments and the records of the case, and the scope of the recommended punishment according to the sentencing guidelines (the scope of the recommended punishment] after traffic accident, it is not recognized that the sentence imposed by the court below is too unfair because the defendant's punishment is too too large.

3. 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.

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