교통사고처리특례법위반(치상)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence of the lower court (six months of imprisonment without prison labor, two years of suspended execution, and forty hours of order to attend a course) is too large.
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). As a result, there is no change in the conditions of sentencing compared to the original judgment, and comprehensively taking account of all the reasons for sentencing revealed in the proceedings of the instant case (in particular, the fact that the Defendant caused a traffic accident by gross negligence in violation of the signal and causing a traffic accident to the victim nine weeks), the sentencing of the lower court is too unreasonable, and it cannot be deemed that the lower court exceeded the reasonable scope of discretion.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.