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(영문) 춘천지방법원 2019.01.11 2018노1010
특정범죄가중처벌등에관한법률위반(위험운전치사상)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. Determination of sentencing is based on statutory penalty, discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting conditions for sentencing prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The circumstances alleged by the Defendant as an element favorable to sentencing in the trial of a political party have already been presented during the oral proceedings of the lower court, and there is no change of circumstances favorable to the sentencing criteria after the sentence of the lower court was rendered.

The fact that the defendant seems to be against the defendant's recognition of the crime of this case, the fact that the defendant's driver's vehicle was covered by a comprehensive insurance, and it seems that the victims were paid appropriate compensation, and that the defendant agreed with the victims of the injury caused by dangerous driving, etc. are favorable

However, in the instant crime, two traffic accidents have been occurred while driving a vehicle on the part of the Defendant in a state of full exploitation to the extent that the Defendant could not walk (the blood alcohol level of the Defendant at that time was 0.206%).

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