(영문) 대전지방법원 2015.07.24 2015노234 | 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) 대전지방법원 2015.07.24 2015노234

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentencing of the court below (one year of imprisonment) is too unreasonable.

2. Determination

A. In light of the fact that the Defendant committed the instant crime while driving without a license and causing injury to the victims while causing a traffic accident and failing to comply with the measurement of drinking, the Defendant repeated the instant crime during the period of suspension of execution due to traffic-related crimes, even though he had the record of punishment on drinking and without a license, such crime does not seem to be light.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant is not subject to a sentence, and the driving vehicle is subscribed to a liability insurance, and the victims of the traffic accident do not want the punishment of the Defendant, that the Defendant would not drive a motor vehicle again while disposing of and opposing the motor vehicle, and that the Defendant is working as a basic life recipient, as a caregiver, as a carer, and supports three children who are living alone.

C. The sentence of the lower court is too unreasonable in light of all the sentencing conditions indicated in the instant case, including the Defendant’s age, living environment, details and consequence of the crime, and the circumstances after the crime.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense (the occupation of refusing to measure the noise level);

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

참조조문

-교통사고처리 특례법 제3조 제1항

-도로교통법 제43조

-도로교통법 제44조 제2항

-도로교통법 제148조의2 제1항 제2호

유사 판례

-대전지방법원 2015.10.16 2015노2617

-대전지방법원 2015.09.25 2015노2400

-대전지방법원 2015.09.04 2015노1546

-대전지방법원 2015.08.21 2015노1576

-대전지방법원 2015.07.24 2015노1493