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(영문) 의정부지방법원 2018.10.18 2018노2036
교통사고처리특례법위반(치사)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months’ imprisonment without prison labor) is too unreasonable.

2. It is desirable to refrain from rendering a sentence without any difference in the conditions of sentencing compared with the first instance court, if the first instance court did not change the conditions of sentencing, and if the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of sentencing of the first instance falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence without any difference with the first instance court’s judgment solely on the ground that the difference between the view of the appellate court and the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s judgment on the grounds that new sentencing materials were not submitted in the trial, and there was no change in the sentencing conditions compared with the lower court’s judgment, and the degree of the Defendant’s negligence was insignificant, and the victim’s bereaved family members did not agree with the victim’s and the sentencing indicated in the instant case’s records and arguments.

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

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