logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.12.24 2015노4254
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Prior to the instant crime, there is no history of criminal punishment heavier than suspended execution before the instant crime is committed against the Defendant, and there is also a circumstance that the Defendant had been living with a long disability after he was cut down due to an unforeseen traffic accident.

However, the crime of this case was committed without immediately stopping the Defendant, and without taking necessary measures, such as providing relief to the victim, even though the Defendant caused a traffic accident by negligence, which caused the central line, while driving an erroneous tobane, which was not covered by mandatory insurance, and thus, the liability for such crime is not somewhat weak.

Although the defendant's occupational negligence in this case is not easy, the damage recovery is not possible even though the victim suffered from the accident in this case.

Until the trial of the party, the defendant does not consistently reflect the defendant's insufficient defense that he received unfair treatment from an investigative agency, and does not reflect it.

The judgment below

In full view of the fact that there is no new data or change of circumstances that can be considered in sentencing, and all the conditions of sentencing as shown in the records and arguments including the defendant's age, character and conduct, environment, etc., the sentence that the court below sentenced cannot be deemed to be too unreasonable.

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