(영문) 대전지방법원 2013.07.17 2013노143 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2013.07.17 2013노143

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment below

Of the defendants, the part of the defendant is reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (e.g., in-depth punishment) the prosecutor sentenced by the lower court to a punishment of one year against the Defendant (a prison term of one year, two years of suspended execution, community service, 80 hours, 40 hours of compliance driving, and 40 hours of violent therapy) in light of the fact that the Defendant committed an accident while driving without a license and attempted to flee with no responsibility.

It is too unfortunate that is unfair.

2. Circumstances favorable to the defendant include: (a) the fact that the defendant appeared to reflect; (b) the fact that the victim agreed with the victims; and (c) the fact that there was no criminal record of the same kind of fine in addition to the punishment of

However, the crime of this case was committed by the defendant while driving a Doz car owned by B without a driver's license, due to negligence on the part of the defendant who neglected his duty at the front time while driving the Doz car owned by B without a driver's license, resulting in the victim G and H in need of medical treatment for two weeks each time, while driving the 6,211,821 won of the d vehicle without a driver's license. At the same time, the d vehicle was escaped without any rescue measures even without any damage to the d vehicle, and the d vehicle was driven without any responsibility for the victims. After the crime committed, the circumstances after the crime were committed, such as the defendant's age, health status, character and behavior, environment, circumstances before and after the crime of this case, etc. are not good, and the prosecutor's assertion that the judgment below is unjust since it is justified in light of all circumstances such as the defendant's age, health condition, personality and behavior, circumstances before and after the crime of this case, etc.

3. If so, the prosecutor's appeal is reasonable, and the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

(b).

참조조문

-형사소송법 제364조 제6항

유사 판례

-대전지방법원 2013.03.20 2012노2100

-대전지방법원 2013.04.10 2012노2264

-대전지방법원 2013.09.25 2013노1435

-대전지방법원 2013.02.06 2012노2103

-대전지방법원 2013.11.20 2013노1348