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(영문) 수원지방법원 2019.06.26 2019노31
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (six months of imprisonment without prison labor, two years of suspended execution, and 80 hours of community service order) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and 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, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the reasons for sentencing revealed in the proceedings of the instant case (in particular, even if the Defendant was at fault, causing a traffic accident by gross negligence and causing an injury to the injured party), it cannot be deemed that the lower court’s sentencing excessively exceeded the reasonable scope of discretion, and thus, exceeded the reasonable scope of discretion.

(On the other hand, although the defendant alleged a mistake of facts on June 20, 2019 as an additional ground for appeal, the above argument is filed after the deadline for submitting the grounds for appeal, and it cannot be deemed a legitimate ground for appeal, and no other reason exists to examine and reverse ex officio in this case). 3. As such, the defendant's appeal is groundless, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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