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(영문) 부산지방법원 2018.11.29 2018노2870
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (700,000 won) that the court below rendered by the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance trial, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). However, the injury suffered by the victim is relatively relatively less complicated.

Even if the Defendant did not receive a string from the injured party, and the instant crime was committed in violation of the suspension signal, and the Defendant’s negligence is also hot.

In light of such overall circumstances, the lower court determined a punishment, and there is no new circumstance to change the sentence of the lower court in the first instance.

In addition, comprehensively taking into account various sentencing conditions, such as the Defendant’s age, sexual behavior, health status (defluence), economic situation (based recipients), relationship with the victim, the number of crimes, the law and circumstances of the crime, and the circumstances after the crime, as shown in the deliberation by the lower court and the party, the sentence imposed by the lower court is considered within the reasonable scope of discretion and is not hot.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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