(영문) 부산지방법원 2017.11.24 2017노3341 | 리걸엔진

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(영문) 부산지방법원 2017.11.24 2017노3341

특정범죄가중처벌등에관한법률위반(도주차량)등

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The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence of imprisonment for eight months, one hundred and twenty hours of community service, and forty hours of lecture of compliance driving) is deemed to be too uneasy and unfair.

2. The crime of this case is acknowledged that the Defendant, while driving under drinking alcohol, was under the influence of the victim, sustained injury by the victim due to the shock of the victim's driver's movement while driving the alcohol, and that it is difficult for the victim to be aware of the fact that the victim was driving the vehicle in a way to block the course by getting on and getting on the otobbb, and driving the obba while leaving the oba, and thus, it is very heavy for the Defendant to stop the vehicle's operation and escape from the road while driving the obaba, and that the agreement with the victim was not reached.

However, considering all of the sentencing conditions stated in the pleadings of this case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant offenses, etc., the sentence of the lower court is too unaffortable and unfair, in light of the following factors: (a) the Defendant has led to the confession of all of the offenses; (b) the victim was the first offender; (c) the degree of injury of the victim was not severe; (d) the victim was subscribed to a comprehensive motor vehicle insurance; and (e) the victim deposited KRW 1 million for the victim; and (e) the Defendant’s age, sexual conduct, environment; and

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act on the ground that “the point of driving an escape vehicle” of the judgment of the court below is a clerical error in the “the point of operating an escape vehicle after the injury or injury caused by duty”, and thus, it is obvious that the ex officio correction is made in accordance with Article 25(1) of the

참조조문

-형사소송규칙 제25조 제1항

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