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(영문) 부산지방법원 2020.11.26 2020노1921
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The determination of the summary of the grounds for appeal (e.g., a fine of seven million won) is unreasonable;

2. The lower court rendered a judgment that maintained the summary order.

In consideration of criminal records, the degree of injury and damage, 112 reports after 112, the punishment was determined in consideration of the degree of violation of the duty of care, behavior mode, etc.

The court below did not err in selecting and applying sentencing factors, and there is no change in sentencing factors in the appellate court.

Although the sentencing criteria are not applied to a case where the defendant requested a formal trial against the summary order, the sentencing criteria are not applied to the case where the court re-examines the sentencing factors and other factors of sentencing that are set forth in the sentencing guidelines for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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