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(영문) 대전지방법원 2020.09.23 2019노3351
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of the court below (2 million won of fine) is too unreasonable in light of the following: (a) the defendant is fully aware of the facts of the crime in this case and is against the depth of the mistake and is not able to have sufficient economic circumstances.

2. The current Criminal Procedure Act, which takes the principle of trial-oriented and directness, has the unique area of the first instance court in relation to the determination of sentencing. As such, it is reasonable to respect the determination of sentencing in the case where 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 en banc Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have determined the sentence by sufficiently taking into account the above favorable circumstances alleged in the first instance court. In so doing, considering the following factors, including the fact that there is no special change in circumstances where the lower court should change the sentence after the sentence was rendered, the lower court’s sentencing is too unreasonable and it is not recognized that the lower court exceeded the reasonable scope of discretion, by taking into account all the factors indicated in the records of this case, such as the Defendant’s age, character and character, environment, motive, means and consequence

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

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