logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.07.05 2017노2494
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, 160 hours of community service order, 40 hours of compliance driving instruction) of the summary of the grounds for appeal is too uneasy and unreasonable.

2. The judgment of the Defendant committed the instant crime because the Defendant committed the instant crime, even though he/she was convicted of a summary charge of a fine of KRW 8 million due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury resulting from dangerous driving) due to a traffic accident resulting from the instant crime, and thus, the nature of the instant crime is very bad.

The victim suffered relatively serious injury due to the instant accident.

However, the defendant reflects his wrong and repents in depth.

It became the cause of the accident to the victim's unauthorized crossing of the night road.

After the accident, the defendant escaped, but voluntarily surrenders to the investigation agency.

As the defendant agreed smoothly with the victim, the injured person appeals against the defendant.

In addition, in consideration of all the sentencing circumstances shown in the records and arguments of this case, such as the defendant's age, sex, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and criminal experience, the sentence of the court below is too unfeasible and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

arrow