(영문) 부산지방법원 2019.11.22 2019노2651 | 리걸엔진

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(영문) 부산지방법원 2019.11.22 2019노2651

교통사고처리특례법위반(치사)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment without prison labor) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared to the lower court’s failure to submit new sentencing data at the trial, and the sentencing factors expressed in the proceedings of the instant case, including the Defendant’s age, character and conduct, environment, motive for committing an offense, and circumstances after committing an offense, the lower court’s sentencing cannot be deemed to have been too heavy or unhued so far as it goes beyond the reasonable scope of discretion.

Therefore, each of the defendant and prosecutor's arguments is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are

[However, in accordance with Article 25(1) of the Regulations on Criminal Procedure, Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, “Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents,” Article 268 of the Criminal Act, Article 3(1) and proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act,” among the application of the law of the lower

참조조문

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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