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(영문) 부산지방법원 2020.06.18 2020노403

특정범죄가중처벌등에관한법률위반(도주치상)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not submit the grounds of appeal within the lawful period for submission of the grounds of appeal.

No reason for appeal shall be indicated in the petition of appeal submitted by the defendant.

B. Determination of the amount of punishment (a fine of KRW 10,00,000) is unhued and unreasonable.

2. The sentence imposed by the lower court appears to be lower than the recommended range under the attached sentencing guidelines (at least eight months of imprisonment).

However, while taking into account the nature of the crime, the lower court imposed the punishment by taking into account the reflectivity, degree of injury, portrait, agreement, the degree of the principal organ (0.048% of blood alcohol concentration), social ties, etc. of the Defendant.

The court below did not err in selecting and applying the elements of sentencing, and there is no change in the sentencing conditions in the appellate court.

The determination of the original judgment cannot be respected.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Examining the sentencing factors and other factors of sentencing set out in the sentencing guidelines, the determination of the original sentence cannot be deemed unreasonable, even if the court re-examines the sentencing factors and other factors of sentencing set forth in the sentencing guidelines.

3. The appeal by the Defendant and the Prosecutor is without merit.

Article 364(4) of the Criminal Procedure Act (see, e.g., Supreme Court Decision 98Do1523, Aug. 21, 1998) is all dismissed.