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(영문) 울산지방법원 2014.10.24 2014노547
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall circumstances of the instant case, the sentence imposed by the lower court on the Defendant (a fine of eight million won) is too unhued and unreasonable.

2. In full view of the following circumstances: (a) the instant traffic accident caused the death of the victim; (b) there was a serious consequence of the victim’s death; (c) the vehicle operated by the Defendant was covered by a comprehensive insurance; (d) the Defendant was smoothly agreed with the victim’s bereaved family members; and (e) there was no record of criminal punishment other than fines due to the violation of the Road Traffic Act prior to the lapse of 20 years; and (e) all other circumstances constituting the conditions for sentencing, including the Defendant’s age, character and conduct, living environment, motive, means and consequence of the crime; and (e) the circumstances after the crime,

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

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