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(영문) 대전지방법원 2019.10.04 2019노1035
교통사고처리특례법위반(치사)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The lower court’s sentence (10 months of imprisonment without labor and two years of suspended execution) is too unreasonable.

2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area of the first instance trial regarding the

In addition to these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the sentence of the first instance court is somewhat different from the opinion of the appellate court,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court appears to have determined the sentence by fully taking into account the overall circumstances regarding the sentencing of the Defendant, as stated in the grounds for the sentencing. In full view of the records of the instant case and various sentencing conditions expressed in the trial process, the lower court’s sentencing is not deemed to have exceeded the reasonable scope of discretion, and there is no change in new sentencing conditions to deem that maintaining the lower court’s sentencing is unreasonable in the trial.

Therefore, it is not recognized that the sentence of the court below is too unreasonable because it is too large.

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

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