(영문) 인천지방법원 2017.04.12 2017노763 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2017.04.12 2017노763

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (four months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. Examination ex officio prior to the judgment on the grounds for appeal by the Defendant and the prosecutor.

The court below decided that each of the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Driving of Specific Crimes), violation of the Road Traffic Act (driving of Drinking), and violation of the Road Traffic Act (Article 44(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (Article 148 of the Act on the Aggravated Punishment, etc. of Specific Crimes: Provided, That even if the amount of concurrent crimes is mitigated after the aggravated punishment as above, the punishment shall be sentenced to imprisonment with prison labor for not less than six months, after choosing each sentence of imprisonment with prison labor for concurrent crimes and reduction of the amount of concurrent crimes.

The judgment of the court below is erroneous in the misapprehension of law that affected the conclusion of the judgment by imposing a sentence beyond the scope of the punishment imposed on the defendant with excessive punishment.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows, without examining the above grounds for reversal ex officio.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Specific crimes as prescribed in the corresponding provisions of the Act regarding criminal facts.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

-울산지방법원 2017.06.02 2016노2205

-인천지방법원 2018.07.11 2018노299

-전주지방법원 2017.12.01 2017노1249

-인천지방법원 2018.07.25 2018노1639

-인천지방법원 2018.04.11 2018노434