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(영문) 창원지방법원 2016.12.22 2016노1989
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the prosecution regarding the violation of Article 151 of the Road Traffic Act among the facts charged in the instant case, and convicted the remainder of the facts charged.

However, since only the Defendant appealed the guilty portion of the judgment below and did not appeal all the prosecutor and the Defendant with respect to the dismissal of prosecution, the dismissal of prosecution in the judgment below became final and conclusive as it is.

Therefore, only the guilty portion of the judgment of the court below is subject to the judgment of this court.

2. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year and six months of imprisonment, two years of suspended sentence, probation, 40 hours of attending the law-abiding driving course, confiscation) is too unreasonable.

3. As stated in detail in the reasons for the sentencing, the lower court determined the sentence by fully taking account of the circumstances surrounding the sentencing of the Defendant as well as its reasonable scope, and thus, it is not deemed that the lower court’s sentence is too unreasonable because it is too unreasonable.

4. If so, 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, in accordance with Article 25(1) of the Rules on Criminal Procedure, the term “the choice of imprisonment” in the term “the choice of imprisonment” in the application of the law of the court below under Article 25(1) of the Rules on Criminal Procedure shall be construed as “the choice of imprisonment with prison labor for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents,” and “Article 50” in the aggravation of concurrent crimes as “paragraphs 2, 2, and 50”, and “the decision of sentence 5.2. sentence” in the first sentence shall be amended to “the total four times”, respectively.

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