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(영문) 부산지방법원 2019.03.28 2018노3121
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment without prison labor for eight months and the suspension of execution for two years) declared by the court below is too unreasonable.

2. In a case 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, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court, although the Defendant agreed with the victim, determined the punishment in consideration of the fact that the Defendant was grossly negligent, and the injured party was serious, and there was no change in circumstances or normal relationship that could change the sentence of the lower court in the trial.

When comprehensively taking into account various sentencing conditions, such as the Defendant’s age, character and conduct, criminal records (the two-time suspended sentence due to the same type of crime), motive and circumstance of the crime, and circumstances after the crime, the sentence imposed by the court below is not heavier than that of the Defendant, within the reasonable scope of discretion.

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

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