logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.08.22 2013노1872
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, and 40 hours of an order to attend a law-abiding lecture) of the lower court is deemed to be too uneasy and unfair;

2. In light of the circumstances leading up to the instant traffic accident and the circumstances after the accident, and the fact that the Defendant had been sentenced to a fine of five million won in the year 201 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., it is deemed that there is a need for a strict punishment of the Defendant. However, in the meantime, the lower court’s punishment cannot be deemed unfair on account of the following factors: (a) the Defendant’s vehicle is divided and reflected in depth from the investigation stage to the trial; (b) the Defendant’s vehicle is subscribed to the automobile liability insurance; (c) the degree of injury of the victims caused by the instant accident is not serious; (d) the Defendant’s age, character and conduct, environment, and other conditions of sentencing other than the foregoing power; and (e) the Defendant’s age, character

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

arrow