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(영문) 서울중앙지방법원 2015.04.09 2015노279
교통사고처리특례법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The Defendant filed an appeal against the lower judgment on January 5, 2015. However, even if the Defendant was served with the notification of the receipt of the notification of the trial records on January 29, 2015, the record reveals that he/she did not submit the statement of trial records within 20 days from the date on which he/she received the notification of the receipt of the trial records (the Defendant filed the statement of trial records on March 2, 2015, which was after the date on which the application was not timely filed, and the Defendant is not obligated to appoint a state appointed defense counsel under Article 33(3) of the Criminal Procedure Act, instead of the necessary attorney, in the instant case, the Defendant requested the appointment of a state appointed defense counsel after the lapse of the period for submitting the statement of trial records, and thus, the period for submitting the statement of trial by the defense counsel is also counted from the date on which the Defendant received the notification of the receipt of the trial records (see Supreme Court Decision 2013Do41

The appeal by the defendant shall be groundless.

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal (e.g., a fine of 4.5 million won) imposed by the court below is too unhued and unreasonable.

B. In full view of all the circumstances, such as the Defendant’s age, character and behavior, environment, circumstances after committing a crime, and circumstances after committing a crime, even though the Defendant had the same criminal record, and caused an accident while driving a drinking alcohol again, there was no history of criminal punishment except for the one-time fine, and the confession of the instant crime, and the depth of the Defendant’s disposal of the accident with comprehensive insurance, and other circumstances, which are conditions for sentencing as indicated in the records and pleadings, the lower court’s sentence cannot be deemed unreasonable.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor of the conclusion is groundless, and the appeal by the defendant shall be dismissed by decision in accordance with Articles 361-4(1) and 361-

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