logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2014.10.30 2014노1076
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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 (two years of suspended sentence for one year of imprisonment, one hundred and twenty hours of community service, and forty hours of attending a compliance driving course) of the lower court is deemed to be too unhued and unreasonable;

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the Defendant’s operation of a motor vehicle which is not covered by mandatory insurance among the facts constituting the Defendant’s criminal facts is deemed to have operated a chip motor vehicle not covered by mandatory insurance on June 16, 201, and the main text of Article 46(2) and Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012), which is a law at the time of the act, shall be applied. The lower court erred by applying Articles 46(2)2 and 8 of the Guarantee of Automobile Accident Compensation Act.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the gist of the evidence admitted by the court is as follows, except where the “1. Defendant’s legal statement” in the summary of the evidence is “1. Defendant’s legal statement at the lower court’s original judgment”, and thus, it is identical to each corresponding column of the lower judgment. Therefore, it is cited as it is in accordance

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Article 46 (2) and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012), the Automobile Management Act.

arrow