logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.08.21 2019노1479
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The judgment of the court below is somewhat inappropriate in light of the following circumstances: (a) the Defendant’s act of committing the instant crime resulting in a traffic accident resulting in a drunk driving and causing physical damage to the victims and the Defendant’s escape from the crime is disadvantageous to the Defendant; (b) the Defendant agreed with the victims when the Defendant was in the trial; (c) the degree of blood alcohol concentration in the instant case; and (d) the Defendant did not have any criminal record for the recent twenty (20) years; and (c) other various sentencing conditions indicated in the instant argument, including the circumstances leading to the instant crime; (d) the circumstances after the commission of the crime; and (e) the Defendant

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied reasoning] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) 3 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 268 of the Criminal Act; Articles 148 and 54 (1) of the Road Traffic Act (the occupation of a measure that was not taken after the destruction of property) concerning the crime;

1. Articles 40 and 50 of the Criminal Act (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes (aggravated Punishment, etc. of Specific Crimes) and each Road Traffic Act, and a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims of the largest penalty);

1. Selection of penalty:

arrow