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(영문) 울산지방법원 2014.02.07 2013노984
교통사고처리특례법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall circumstances of the instant case, the sentence imposed by the lower court on the Defendant (a fine of KRW 5 million) is too unreasonable.

B. In light of the overall circumstances of the Prosecutor’s instant case, the sentence imposed by the lower court is too unfasible and unreasonable.

2. The defendant and the prosecutor's assertion that the crime of this case occurred together with the defendant's assertion that the defendant driven a vehicle while under the influence of alcohol 0.098% of blood alcohol concentration, and the defendant suffered injury to the victims by shocking the central line and shocking the vehicle for the victim's DNA driving, and the liability for the crime cannot be deemed to be less severe, the victim's injury is less severe, and the defendant deposited 600,000 won for the victim D and H. The defendant deposited 600,000 won for the victim F and J. The defendant's vehicle was covered by the comprehensive insurance, the defendant's vehicle was first covered by the comprehensive insurance, and other favorable conditions for sentencing such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., the defendant's punishment imposed by the court below is deemed reasonable and too heavy or unreasonable. Thus, the defendant and the prosecutor's assertion are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the phrase “G” in Part 13 of the judgment of the court below shall be corrected to read “J” ex officio pursuant to Article 25(1).

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