logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.04.27 2017노612
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by misunderstanding the facts and misapprehension of the legal principles, the victim suffered an injury as long as the victim did not directly face the harming vehicle operated by the defendant, but did not go beyond the harming vehicle, and incurred an inspection while driving the harming vehicle, and in the hospital, the radioactive photographing, etc. or surgery was not performed, but taken once, and the harming vehicle was taken only once. Thus, the victim suffered an injury to the extent that the harming vehicle is very insignificant and that it is not necessary to treat it.

shall not be deemed to exist.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. Determination:

A. As to the assertion of misunderstanding of facts and legal principles, the injury under Article 257 of the Criminal Act refers to a change of the victim’s physical condition to a bad condition, and the occurrence of a disturbance to his/her living function. If the injured party’s wife is extremely minor and the injured party’s body does not need treatment, and the injured party’s daily life is extremely minor and does not interfere with the daily life, and if the injured party’s daily life can be naturally cured, it cannot be said that the injured party’s physical condition was changed to the injured party’s health condition or that the injured party’s life function was hindered. Meanwhile, whether the injured party’s health condition was changed to a bad condition and the injured party caused a disturbance to his/her living function should not be determined on the basis of objective and uniform basis, but on the basis of physical and mental specific conditions, such as the injured party’s age, gender, physical strength

The following circumstances revealed by the evidence duly adopted and investigated by the court below, i.e., ① the victim does not directly face with the sea-going vehicle at the court of the court below, but she supplied the sea-going vehicle.

arrow