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(영문) 의정부지방법원 2017.06.02 2016노3301 (1)
도로교통법위반(공동위험행위)방조
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fines of two million won per fine) is too unreasonable.

2. The fact that the Defendants are against their mistakes, Defendant B, H, and J are the primary offenders, and Defendant C was punished once due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, etc., and there is no particular criminal conviction in addition to the punishment of fines.

However, in light of the fact that the crime of violation of the Road Traffic Act caused by the defendants' joint risk act (motor vehicle singing) may increase the traffic risk to another person, and the degree of risk may increase through a collective hearing, the nature and circumstances of the crime are not easy.

The court below decided to impose a fine in consideration of the fact that the number of the defendants' crimes is not high, and the punishment was determined in consideration of the degree and frequency of the defendants' participation in the crimes, and their criminal records and relationship. The judgment of the court below exceeded the reasonable limit of discretion.

Inasmuch as there is no change in sentencing conditions that can be deemed unfair to maintain the judgment of the court below as it is in the first instance court, the sentence of the court below cannot be deemed unfair because it is too large.

Therefore, the defendants' argument of sentencing is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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