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(영문) 의정부지방법원 2015.09.22 2015노1656
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment without prison labor, two years of suspended execution, and one hundred and sixty hours of community service) of the lower court is too unreasonable;

2. The Korean Criminal Procedure Act, which takes the principle of trial priority and the principle of directness, has the unique area of the first instance court with regard to sentencing, and where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it

(Supreme Court Decision 2015Do3260 Decided July 23, 2015). In light of such legal principles, there is no particular relation or change in circumstances that the lower court’s punishment is to be mitigated, the traffic crime group within the scope of recommended sentence according to the sentencing guidelines established by the Sentencing Commission, the first type of general traffic accident (traffic accident death), the decision on the recommended area [the mitigated area, the special mitigation factors: the amount of punishment not to be mitigated, the amount of general mitigation factors: the strong reflective reflectness, the general mitigation factors: the scope of recommended sentence (Article 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Article 3(1)), the scope of recommended sentence (Article 4-10), the scope of sentenced sentence (Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents - April - 10): The main positive factors (Article 2015Do3260 of the Act), the general positive factors (Article 13(1) of the Criminal Act) are considered as follows.

3. If so, 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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