logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2017.08.25 2017노762
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime and divided his mistake; (b) the result of each victim’s injury is relatively weak; and (c) the agreement with all members of the victim was reached in the first instance; and (d) the Defendant committed the instant crime.

On the other hand, the Defendant committed each of the instant crimes at a time when five months have not yet elapsed since the license was revoked due to the previous drinking driving, etc., such as: (a) the nature of the instant crime was extremely poor in light of the circumstances of the instant crime, such as where the Defendant escaped from the first accident due to driving without a license; and (b) the second accident due to the influence of alcohol; and (c) the Defendant committed each of the instant crimes at a time when the license

In full view of the various circumstances, including the circumstances added at the trial of a party as above, and other various circumstances, which form the conditions for sentencing as indicated in the instant case, such as the defendant’s age, sex, environment, family relationship, and circumstances after the crime, the sentence imposed by the court below is deemed to be too unreasonable, and thus, the two kinds of punishment of the defendant is reasonable.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148 and Article 54(1) of the Road Traffic Act, and Article 148-2(1)1 of the Road Traffic Act, as to the crime under the pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes.

arrow