logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.08.11 2015노1730
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, the community service order 80 hours, and the lecture order 40 hours) of the lower court is too unfasible and unreasonable.

2. The Defendant admitted the facts charged and led the victims to make a confession, and deposited two million won each.

However, the accident of this case occurred due to the defendant's non-license's violation of signal and the reported crimes, and the victim's injury is considerably serious (16 states, 14 states), and the victims are punished because they have not yet agreed.

In addition, victims can recover damage only within the limit of liability insurance, and the defendant has been punished for driving without a license two times.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, the lower court’s sentence that sentenced a suspended sentence of imprisonment is unreasonable as it is deemed unfair.

3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

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

Application of Statutes

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of a person causing bodily injury or injury caused by duty) concerning the facts constituting an offense, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the occupation of a person without a license)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on the Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with heavier punishment);

1. Election of imprisonment without prison labor or imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Optional Punishment;

1. Concurrent Crimes.

arrow