logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.07.24 2015노488
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, probation, and community service order 200 hours) of the lower court is too unhued and unreasonable.

2. The crime of this case committed by the Defendant is driving the vehicle while the Defendant was in the state of driving.

In light of the fact that the victim of the crosswalk suffered a relatively serious injury, and the victim runs away without taking relief measures, and that no agreement has been reached with the victim until the trial is held, the liability for the crime is not easy.

However, in full view of the following facts: (a) the Defendant reflects his mistake in depth; (b) the victim is deemed to have been negligent in the occurrence of the instant case, such as the construction of a road in violation of pedestrian signal; (c) the vehicle involved in the instant accident is covered by a comprehensive insurance; (d) the Defendant deposited the victim at the lower court as a deposit; (c) the Defendant deposited the victim; (d) there is no identical criminal record; and (e) probation and community service order could expect the effect of the prevention of recidivism; and (d) other various sentencing conditions in the instant argument, including the Defendant’s age, character and behavior, family environment; (e) motive and background of the crime; (e) the motive and consequence of the crime; and (e) the application of the sentencing guidelines of the Sentencing Commission, etc., it is not recognized that the sentence

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

arrow