logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.02.08 2017노2600
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (two years of imprisonment) is too unfased and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. The Defendant, who caused the first traffic accident in this case, did not take a measure to rescue the victim and caused the second traffic accident while escaping.

The victim E, due to the first traffic accident of this case, suffered an injury that requires about 11 weeks of care, and the degree of injury is heavy.

The victim seems to have suffered from extreme pain while walking along the alleyway by traffic accident.

At the time, alcohol concentration in blood is very high to 0.216%.

Until the first instance, the Defendant did not agree with the victims separately from an insurance company.

However, there is no record of punishment exceeding a fine, and there is no record of punishment for the same crime.

The defendant's vehicle is covered by a comprehensive insurance, and the insurance company paid medical expenses and damages to the victims.

In addition, the defendant deposited 500,000 won for the victim E in the trial of the party.

In addition, considering the defendant's age, sex, career, family relation, environment, motive, means and result of the crime, circumstances after the crime, and the criminal records and arguments of this case, the sentence of the court below against the defendant is deemed unfair, since the defendant's improper assertion of sentencing is reasonable, and the prosecutor's improper assertion of sentencing has no merit.

3. In conclusion, the prosecutor's appeal is without merit and the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered through pleading.

【Judgment to be used again] Criminal Procedure Act, since the facts constituting an offense and the summary of evidence acknowledged by the court and the summary of evidence are the same as the entries of each corresponding column of the judgment below.

arrow