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(영문) 부산지방법원 2019.08.22 2019노1525
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of suspended execution in April of the safe and 40 hours of an order to attend a compliance driving lecture) of the lower court is too unreasonable;

2. Determination

A. According to the records, the lower court considered various reasons for sentencing, such as the fact that the degree of injury caused by the crime is very serious, the fact that the mistake is pened and reflected, and the victim does not want the punishment of the defendant by mutual consent with the victim, and determined the punishment within the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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