logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.07.22 2016노1288
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below on the defendant (one year and two months of imprisonment) is too unreasonable.

2. The crime of this case is determined by the following facts: (a) the Defendant suffered injury to the victims of the central course of the collision; (b) at the same time, did not take any measures despite the damage of the damaged vehicle; and (c) was driving under the influence of 0.233% of alcohol level during blood transfusion even though the Defendant had been tried as the above escape vehicle; and (d) the Defendant’s sentence of imprisonment with prison labor is inevitable on account of the content and circumstances of the crime, etc., as it is considerably good in light of

However, in full view of all the favorable circumstances, including the defendant's age, sex, environment, background and method of the crime, circumstance after the crime, criminal record, etc., and all other circumstances, including the defendant's age, sex, environment, circumstance after the crime, criminal record, criminal record, etc., the sentence imposed by the court below is somewhat unreasonable, in light of the following: (a) the defendant's vehicle driving is relatively minor; (b) the defendant's vehicle is subscribed to motor vehicle comprehensive insurance; (c) the victim's insurance proceeds are expected to have been paid to the victims; (d) the victim's family members and the branch persons are submitting a written application to the defendant's appeal against the defendant; and (e) the defendant's family members and the branch persons have been punished by drinking, and (e) the defendant has been punished by a fine once.

3. As such, 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 it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Act regarding criminal facts.

arrow