logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.05.21 2015노1075
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to two years) of the lower court is deemed to be too uneased and unfair.

2. The instant crime committed by the Defendant, while driving under the influence of alcohol, sustained injury to the victim by causing an accident while driving the accident, and runs away after destroying or damaging property of at least nine million won, and thus, it is necessary to pronounce strict punishment against the Defendant as such crime is not good.

However, in full view of all the sentencing conditions as shown in the records and arguments of this case, including the following facts: the Defendant is a primary offender, and the Defendant reflects the depth of the instant crime; the Defendant subscribed to a motor vehicle comprehensive insurance and the victim wants to take the Defendant’s wife by agreement with the victim, etc.; the Defendant’s age, character and behavior, environment, motive for the crime, circumstances after the crime, etc., even if considering the aforementioned circumstances, it cannot be said that the sentence imposed by the lower court is too unjustifiable and unreasonable.

The prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow