특정범죄가중처벌등에관한법률위반(도주치상)등
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment, two years of suspended execution, and community service order) is too unreasonable;
2. The Korean Criminal Procedure Act, which takes the principle of trial priority and the principle of directness on the market, has a unique area of sentencing in the first instance, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the reasons for sentencing revealed in the oral proceedings of the instant case, the sentencing of the lower court is too unreasonable, and thus, it cannot be said that the sentencing of the lower court exceeded the reasonable scope of discretion, in so doing.
3. The appeal by the defendant is without merit and thus dismissed in accordance with Article 364(4) of the Criminal Procedure Act.