logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.05.02 2019노475
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

In light of the favorable circumstances in which the defendant agreed with the victim, the court below set a sentence against the defendant by taking account of the fact that the defendant committed the crime of this case during the suspended execution period, even though the defendant had the record of being sentenced to the suspended sentence of imprisonment for the same crime, and had the record of having been sentenced to a fine after driving at the same time immediately after the above decision was sentenced.

C. Based on the legal principles as seen earlier, there is no change in the above sentencing conditions compared with the original judgment, and even considering the Defendant’s age, character and conduct, motive of the crime, circumstances after the crime, etc., the sentencing factors revealed in the proceedings of the present case and the sentencing guidelines for the enactment of the Supreme Court’s Sentencing Committee, etc., the lower court’s sentencing is too inappropriate to have exceeded the reasonable scope of discretion.

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

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

arrow