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(영문) 창원지방법원 2020.05.21 2019노1893
교통사고처리특례법위반(치사)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (including six months of imprisonment without prison labor and one year of suspended execution) declared by the court below is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, 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.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). Although there are favorable circumstances in sentencing, such as the confession and reflection of a criminal act by a defendant, the victim’s negligence appears to have somewhat affected the occurrence and expansion of an accident, the victim’s bereaved family members have agreed with the bereaved family members, the vehicle of the defendant was covered by a comprehensive motor vehicle insurance contract, and the defendant has no record of being punished for the same kind of crime, this constitutes already considered in the process of determining the punishment by the lower court, and there is no new circumstance to change the sentence by the lower court in the trial.

In addition, in full view of the factors revealed in the proceedings of the instant case including the Defendant’s age, character and conduct, environment, background of the crime, and circumstances after the crime, the sentencing of the lower court is too inappropriate to have exceeded the reasonable scope of discretion, and thus, the Defendant’s assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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