logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.06.02 2016노887
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant suffered injury to the victims by negligence, such as violating the signal, and at the same time, did not take necessary measures, such as inducing a traffic accident causing damage to the vehicle and aiding the victims, and the nature of the crime is not good.

However, considering the following circumstances: (a) the Defendant reflects his mistake; (b) the victim G did not want the punishment of the Defendant; (c) the victim D, F, and the victim G did not want the punishment of the Defendant; and (d) the victims wished to take advantage of the agreement with the victim; and (c) the Defendant did not have any criminal history exceeding the fine; and (d) the Defendant did not have any other criminal history in light of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (e) the circumstances before and after the crime, the sentence against the Defendant is unreasonable, and thus

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after an accident) of the relevant Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment (the foregoing grounds for reversal)

arrow