logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.07.03 2015노2653
교통사고처리특례법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants is too unreasonable. Each punishment of the lower court (Defendant A: Imprisonment of April, Defendant B; fine of KRW 1,00,000) is too unreasonable.

2. It is true that there is a favorable sentencing condition for the Defendants, such as the fact that the Defendants are against the recognition of the instant crime, and that Defendant A’s mother, leakage or disabled person ought to support the Defendant.

However, Defendant A had five times of drinking driving and two times of driving without a license, and in addition, on October 2, 2014, Defendant A was sentenced to a suspended sentence of two years of imprisonment and a probation and an order to attend a lecture for 40 hours at the Suwon District Court on June 2, 2014, and driving a motor vehicle without a driver's license during the suspended sentence period.

In full view of the following circumstances: (a) the victim caused a traffic accident; (b) the victim suffered injury requiring medical treatment for about three weeks; and (c) the crime of aiding and abetting a criminal who had Defendant B, on his behalf, made a statement to an investigative agency as if Defendant B had caused a traffic accident on his behalf, was committed; (d) the crime is extremely poor; and (e) Defendant B made a statement as if the investigation agency had paid a traffic accident upon Defendant A’s request by the investigative agency; and (e) the nature of the crime is not weak; and (e) other various circumstances, including the Defendants’ age, character and conduct, environment, family relationship, conditions after the crime, etc., are considered as conditions for sentencing as

Therefore, the Defendants and Defendant A’s defense counsel’s assertion of unfair sentencing is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

arrow