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(영문) 서울동부지방법원 2018.09.21 2018노873
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment, two years of suspended sentence, one year of protection observation, 40 hours of lecture participation in compliance driving, 40 hours of volunteer service) is too unreasonable.

2. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court’s sentencing on the Defendant appears to have been appropriately determined by fully considering all the circumstances, including the various reasons for sentencing asserted by the Defendant, and no special circumstance exists to the extent that the lower court’s sentencing is to be changed.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure; however, in accordance with Article 25 (1) of the Rules on Criminal Procedure, the defendant's appeal is corrected as changing imprisonment into imprisonment without prison labor for the crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and imprisonment for the crime of violating the Road Traffic Act (driving).

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