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(영문) 대전지방법원 2019.02.14 2018노3172
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts (as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of the 2018 Highest 701) and the violation of the Road Traffic Act (in the case of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)], the defendant completed the left and proceeded at a considerable speed, and the vehicle of the victims did not know that the

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) In light of the relevant legal principles and the principle of court-oriented trials, etc., comprehensively considering the results of the first instance court’s examination and the results of further examination of evidence conducted by the time of closing argument in the appellate court, the appellate court should not reverse without permission the first instance court’s decision as to the credibility of the statement made by the witness in the first instance unless there are exceptional cases where it is deemed that maintaining the first instance court’s judgment is significantly unfair (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010). 2) The Defendant alleged that the judgment in the instant case is the same as the grounds for appeal in this part, and the lower court rejected the aforementioned assertion in detail, and found the Defendant guilty of this part of the facts charged.

In light of the above relevant legal principles, a thorough examination of the evidence duly adopted and examined by the court below and the court below is just, and there is no violation of law of misunderstanding of facts alleged by the defendant in the judgment below.

Therefore, the defendant's assertion of mistake is without merit.

B. The determination of sentencing on the assertion of unfair sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act.

However, the Korean Criminal Procedure Act takes effect.

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