logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.07.12 2013노1507
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the court below is deemed to be unfair in light of the defendant's age, character and conduct, environment, and other circumstances shown in the records, such as the defendant's age, character, and quality of the crime of this case, where the defendant driving a vehicle without being insured under drinking, and the central line was frightened, and the degree of injury of the victim due to the accident is not heavy, and the defendant was agreed with the victims or was taken measures for recovery from damage due to the accident. The defendant was living in prison for 2 months after the decision of the court below, and his mistake was divided in depth, and there was no criminal history, and the defendant's age, character and behavior, environment, and other circumstances shown in the records are considered to be excessive.

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act (a point where a registration license plate is illegally used) concerning the crime;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act due to occupational negligence and damage to property, and punishment are more severe.

arrow