logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.07.19 2018노1875
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant agreed with the victims of traffic accidents, and the Defendant’s driving vehicle was covered by the comprehensive insurance policy.

However, the Defendant had the record of receiving juvenile protective disposition several times due to the crime of driving without a license, and in particular, the crime of this case constitutes a same repeated crime, and the Defendant, even though the Defendant caused a traffic accident while drinking or driving without a license, has escaped without taking any rescue measures, and the Defendant’s refusal to take a drinking test by a police officer is subject to strict punishment.

In full view of all the circumstances, such as the Defendant’s age, environment, family relationship, and the Defendant’s additional role in the pleading in the record of the instant case, the sentence imposed by the lower court is carried out within the reasonable scope of discretion, and is not hot.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow