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(영문) 대전지방법원 2018.12.19 2018노1459
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of suspended execution of April and a fine of 300,000 won) is too unreasonable.

2. It is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is desirable to refrain from imposing a sentence without any difference between the first instance court and the first instance court on the sole ground of the difference between the opinion of the appellate court and the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the above legal principles, it is desirable to refrain from imposing a sentence without any difference between the first instance court and the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the above legal principles, the lower court recognized the first instance court's error, and against the fault on the side of the damaged vehicle in the accident, it is relatively minor that the victim first instance court obtained a license for bicycle device, and suffered significant injury by the Defendant.

Therefore, the defendant's argument of sentencing cannot be accepted.

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

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