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(영문) 의정부지방법원 2020.01.09 2019노2361
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by the lower court (one year of imprisonment) is excessively unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the determination of sentencing, it is reasonable to respect the sentencing of the first instance court in the event that the sentencing of the first instance does not deviate from the reasonable scope of discretion, since the first instance court’s inherent area exists in the determination of sentencing.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, based on the grounds for sentencing (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In addition, the following circumstances: (a) the lower court was discovered while driving a motor vehicle with no license under the influence of 0.150% alcohol level; (b) 4 days thereafter, while driving a motor vehicle without license for only 4 days thereafter; (c) the victim escaped without taking any measures; (d) the victim’s injury was not relatively excessive; (d) the victim did not want punishment; (e) the Defendant’s vehicle was subscribed to comprehensive car insurance with the victim’s vehicle accident; and (e) the Defendant’s vehicle was found to have been punished twice by imprisonment with prison labor for a traffic accident of 209 KRW 700,000, Mar. 16, 2016; and (e) the Defendant’s negligence was found to have not existed.

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