logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2016.07.21 2016노134
도로교통법위반(사고후미조치)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too unreasonable.

2. The judgment that the defendant recognized and reflected all of the crimes of this case, there was no record of the same crime since 1988, and that the defendant was accompanied by the damaged vehicle.

In full view of the fact that the J appears to have remitted KRW 2.30,00 to the agreed gold, and other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, sexual conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, the lower court’s punishment is somewhat unreasonable.

3. As such, the defendant's appeal is with merit, and 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 again decided as follows.

【Grounds for a new judgment】 The facts constituting a crime recognized by the court as applicable to the law and the summary of the evidence are the same as the corresponding columns of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

arrow