(영문) 울산지방법원 2019.07.25 2019노502 | 리걸엔진

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(영문) 울산지방법원 2019.07.25 2019노502

교통사고처리특례법위반(치상)등

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The defendant's appeal is dismissed.

The judgment below

Application of Statutes

The proviso of Article 42 among the concurrent offenders shall be "the proviso of Article 42."

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. As to the grounds for appeal of this case, the following facts are favorable to the defendant: (a) the defendant led to the confession of each of the crimes of this case; (b) the victim D and F of the case at the lower court to the victim D and F of the case at the lower court did not want to punish the defendant; (c) the victim paid the amount of damages to the administrator of the collapsed fence with respect to the case at the lower court; (d) the defendant paid the amount of damages to the administrator of the collapsed fence; (e) the defendant’s records of the same traffic offense were eight years prior to around eight (8) years; and (e) the father

However, each of the crimes of this case committed by the defendant is under the influence of alcohol level 0.083%, and the defendant was driving a motor vehicle in the signal atmosphere at about 3.8 km and suffered bodily injury to two police officers without a driver's license, and driving a vehicle about 10 km. The driving distance is considerably long, and the defendant was entered into the case in 2018Dadan2517 and criminal procedure is in progress, but he was absent in the trial procedure in the court below, and thus, the crime is not good, and thus, it is not good that the defendant was under the suspicion of compliance with traffic regulations, such as the defendant's age, character and environment, motive and circumstance leading to the crime of this case, its means and consequence, etc., and it seems that the risk of repeating the crime of this case seems to be high, and it is unreasonable to impose punishment too unfair considering all circumstances such as punishment conditions after the crime of this case.

3. In conclusion, the defendant'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.

However, the judgment of the court below is applicable.

참조조문

-형사소송법 제364조 제4항

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