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(영문) 부산지방법원 2017.09.26 2017노2880
도로교통법위반(사고후미조치)
Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (hereinafter referred to as 3,00,000 won) against the defendant on the summary of the grounds for appeal is too unreasonable.

Judgment

The circumstances favorable to the defendant are recognized, such as the fact that the defendant led to the confession of the crime of this case and reflects the mistake, and that the defendant is not in good health conditions, such as taking the workplace cancer surgery, etc.

However, the crime of this case is reasonable to respect the sentencing of the defendant in the case where the first instance court did not change the conditions of sentencing compared with the first instance court and the first instance court did not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable circumstances of the defendant in the first instance do not fall under any special change of circumstances that could change the sentence of the court below after the pronouncement of the judgment of the court below, and the circumstances favorable to the defendant do not fall under the change of circumstances that could change the defendant's age, environment, etc.

In conclusion, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the defendant's appeal is corrected to add "the choice of a fine: the choice of a fine: the choice of a fine: the choice of a fine" to the lower limit of Article 25 (1) of the Regulation on Criminal Procedure.

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