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(영문) 서울중앙지방법원 2020.04.10 2020노250
도로교통법위반(사고후미조치)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant did not recognize the fact that an accident occurred, but did not take any action against the accident, and did not allow the outcome of leaving the site.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. The defendant argued that the judgment of the court below is identical to this part of the grounds for appeal, and the court below rejected the above argument by clearly explaining the decision in detail. The court below's decision is just and acceptable, and there is no error of law of misunderstanding of facts alleged by the defendant.

The defendant's assertion of mistake is without merit.

B. Compared to the first instance court’s judgment on the assertion of unfair sentencing, there is no change in the conditions of sentencing, and the sentencing of the first instance court is not beyond 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 with the lower court’s failure to submit new sentencing data at the trial and the lower court. In full view of the factors revealed in the argument in the instant case, the lower court’s sentencing is too excessive and so it does not seem that the lower court exceeded the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per

However, according to Article 25 of the Regulation on Criminal Procedure, the criminal facts of the judgment of the court below ex officio are "Nam-west side", "E" is "L", and "a summary of evidence" is "a summary of the evidence" as stated in the judgment of the court below: criminal records, A, one copy of the judgment, and three copies of the summary order."

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