logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.06.21 2019노168
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by a fine of KRW 10 million.

3. The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty of eight million won (a fine of eight million won) is deemed to be too unhued and unfair.

2. It is recognized that the defendant recognized all of the crimes of this case and reflected, agreed with the victim, and the defendant did not have the same criminal record.

However, this case is also recognized that the defendant was under a brupt driving, and that the defendant was under a brush driving, was under a shock of the patrol vehicle driven by the victim who is a police officer to damage the victim, and the defendant was under a bad quality of the crime, the defendant committed the crime of this case during the period of repeated crime, and that the defendant was under a total of 11 times including three criminal records and criminal records.

In addition, in full view of various circumstances such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, etc., it is judged that the sentence imposed by the court below is inappropriate because it is somewhat uneasible.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54 (1) of the Road Traffic Act, Articles 151-2 and 46-3 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, with heavier punishment);

1. Selection of each alternative fine for punishment;

arrow