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(영문) 인천지방법원 2017.03.22 2016노4273

도로교통법위반(사고후미조치)등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the prosecution on the violation of the Road Traffic Act among the facts charged in the instant case, and convicted the remainder of the facts charged.

However, the defendant appealed only to the guilty portion of the judgment below, and the dismissed portion of the prosecution among the judgment below became final and conclusive as the prosecutor did not appeal the dismissed portion of the prosecution, and only the remaining guilty portion is subject to the judgment of this court.

2. The summary of the grounds for appeal (unfair sentencing) that the sentence imposed by the court below on the defendant (the imprisonment of eight months, the suspension of execution of two years, the community service order and the lecture order for 40 hours and the lecture order for compliance driving) is too unreasonable.

3. There is no change in circumstances that may consider the sentencing after the judgment of the court below, and considering the various sentencing conditions as shown in the records and arguments of this case, the sentence of the court below is too unreasonable even considering the circumstances asserted by the defendant on the grounds of appeal.

4. 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.