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(영문) 울산지방법원 2018.07.20 2018노504
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of six months, the suspension of the execution of two years, the community service order 120 hours, the order to attend a law enforcement lecture 40 hours) is too unreasonable.

2. The judgment is based on the following facts: (a) the victim was solely and solely agreed upon with the Defendant and did not punish the Defendant; (b) the Defendant’s vehicle is subscribed to a comprehensive motor vehicle insurance; (c) the Defendant was the primary offender; (d) the Defendant was satisfying the mistake while committing the crime; and (e) the branch and his family wanting the Defendant’s wife, and thus, is relatively clear in social ties.

On the other hand, this case only sent a traffic accident where the defendant was unable to discover a vehicle stopped in front of his driving while driving in the state of drinking and caused injury to the victim, and refused to take a drinking test due to the detection of drinking driving, which is disadvantageous to the defendant, such as the fact that the responsibility for the crime is heavy. In addition, the protection observation office is flexibly operating considering the circumstances of the victim, such as the execution of the community service order by using some part of the day or weekend when the person subject to the community service order wishes, the defendant's economic situation, age, sex, environment, circumstances after the crime, and whether the situation after the decision of the court below was changed, the court below's punishment seems to be within a reasonable and appropriate scope, and it cannot be deemed unfair due to excessive and excessive reason.

Therefore, the defendant's assertion is without merit.

3. In conclusion, 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. It is so decided as per Disposition.

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