logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.07.08 2015노1077
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the defendant had the victim's left right with the wheels front of the motor vehicle of the defendant's mistake of fact.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the victim consistently stated from the investigative agency to the right side of the defendant's vehicle at the time of the accident from the investigation agency to the court of the court below that the victim left the victim's left side at the time of the accident, and there is no circumstance to suspect the credibility of the victim's statement, the victim suffered about 4 weeks of treatment, the victim suffered a 4th floor of the left side of the victim's body requiring treatment, and the body of the victim's body that appears to be his own body due to the victim's new attack remains (Evidence No. 19 of the evidence record). Thus, the defendant's above assertion is without merit.

B. The instant crime of determining unreasonable sentencing is driving a vehicle by the Defendant.

In full view of the circumstances leading up to the instant crime, circumstances after the instant crime was committed, Defendant’s age, character and conduct, etc., the lower court’s punishment is too unreasonable, and thus, it is not recognized that the Defendant’s above assertion is too unreasonable, considering the following: (a) the Defendant escaped without taking necessary measures despite having suffered injury to the victim in the traffic accident; (b) the victim was not agreed with; (c) the victim was not recovered; and (d) the victim’s damage was not recovered; and (c) the Defendant was charged with the responsibility for the instant accident; and (d) the Defendant did not have any

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