logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.05.23 2013노4205
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment for eight months, two years of suspended execution, and eight hours of community service, which the court below sentenced to the defendant, is too unreasonable.

2. In light of the degree of damage, each of the instant crimes is acknowledged that the Defendant escaped from a traffic accident as it is, and the Defendant had sufficiently known of the occurrence of the traffic accident. In light of the degree of damage, it is recognized that: (a) even though it appears that the Defendant had sufficiently known of the occurrence of the traffic accident, the Defendant escaped from the scene of the accident without a clear reason; (b) the victim, as her driver drive away from the Defendant; (c) rather, she expressed the victim’s desire to the victim; and (d) avoided liability; and

However, in light of the following: (a) the Defendant recognized each of the instant crimes when the Defendant was in the trial; (b) the degree of damage to the victim is not significant; and (c) most damage was recovered through comprehensive insurance with the Defendant’s vehicle covered by the Defendant’s vehicle; (d) the Defendant suffers from disease, such as catherter, urology, hepatitis, liver infection, caturology, caturology, caturology, and network caturology; and (e) it seems difficult to implement the community service order due to the current treatment of 2 to 3 times per week; and (e) other circumstances, including the Defendant’s age, environment, occupation, family relationship, and circumstances leading to each of the instant crimes, etc., the lower court’s punishment is unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

arrow