logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2021.01.21 2020노1664
교통사고처리특례법위반(치상)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of eight million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment with prison labor for six months and one year of suspended sentence) is too unreasonable.

2. The Defendant committed the instant accident while driving a vehicle without a license even though his/her driver’s license was revoked due to drinking, and the victim’s degree of injury is disadvantageous.

However, in light of all the circumstances, such as the defendant's age, sexual conduct, environment, circumstance and details leading to the crime of this case, circumstance after the crime, etc., the court below's punishment is heavy, considering the following factors: (a) the defendant shows the attitude of recognizing and opposing the defendant's crime; (b) the victim did not want the punishment of the defendant; and (c) the victim wants the defendant to continue to be in the first instance trial; and (d) the defendant has no record of crime other than the fine twice; and (d) the defendant has no record of punishment

The decision is judged.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Grounds for the Judgment of the court below, 【The facts constituting a crime and the summary of the evidence admitted by the court, and the summary of the evidence, are as follows: (a) except to delete the “report on the circumstances of the driver of the driver of the vehicle on January and the notification of the result of the crackdown on driving alcohol” (the last two acts of the judgment of the court below) from the summary of the evidence, it is identical to the corresponding column of the judgment of the court below; and (b)

Application of Statutes

1. Relevant Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Punishment, Article 268 of the Criminal Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act, the selection of fines for each crime;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of two crimes is aggregated);

1. The Criminal Act to attract a workhouse;

arrow