beta
(영문) 전주지방법원 2019.01.16 2018노1222

도로교통법위반(사고후미조치)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. In light of the fact that the sentencing based on the statutory penalty is a discretionary judgment that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act, and the fact that the sentencing of the first instance court does not change in the conditions for sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the first instance court’s judgment and to refrain from imposing a sentence that does not differ from the first instance court’s opinion on the grounds that it is somewhat different from

(2) In light of the aforementioned legal principles, the lower court’s determination that the Defendant was subject to criminal punishment on several occasions due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Act on the Aggravated Punishment, etc.”) was sentenced to a suspended sentence of three years in 2016 and three years in 2016. Although the Defendant was sentenced to a fine by driving without a license during the suspended sentence period and was punished by a fine during the suspended sentence period, the Defendant committed each of the instant crimes by causing a traffic accident while driving without a license and causing a traffic accident. In addition, the nature of the crime was poor. Considering that the Defendant’s age, character and behavior, environment, criminal record, circumstances leading to each of the instant crimes, and circumstances before and after the instant crimes were revealed, the scope of discretion.