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(영문) 대전지방법원 2016.06.30 2016노880

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (two years of suspended sentence in August) is too unreasonable.

2. The judgment of the court below exceeded the reasonable limit of discretion in sentencing determination, unlike the following conditions: (a) the defendant led to the confession of the crime of this case; (b) the fact that the defendant agreed smoothly with the bereaved family members of the victim was favorable to the defendant; (c) the victim died due to the crime of this case; (d) the defendant's age, sexual conduct, environment, motive, means, and consequence of the crime of this case; and (e) the various sentencing conditions stipulated in Article 51

In full view of the circumstances to be assessed or the fact that there is no new data that was presented in the course of the trial of sentencing at the party, etc. (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.), since the sentence imposed by the court below on the defendant is unlimited and it does not seem unfair, the defendant's improper assertion of sentencing 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.