logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.12.04 2015노1042
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, the probation, the community service order of 160 hours and the order of 40 hours) declared by the court below is too unreasonable.

2. The fact that the Defendant was in the first instance trial, which recognized all of the crimes of this case and showed the attitude of reflection, that the said victim did not want to be punished by the Defendant, that the Defendant’s vehicle is covered by comprehensive insurance with the victim F, that the degree of injury suffered by the victim D, who is the driver of the other vehicle, is not much serious, and that the lower court deposited KRW 50,000 for the victim D in the lower trial is favorable to the Defendant.

However, the crime of this case is deemed to have been committed by the defendant while driving a motor vehicle in the central line while driving the motor vehicle, resulting in an injury to the passenger and the driver of the other motor vehicle who was driven by the victim D while driving the motor vehicle. The defendant committed the crime of this case without taking necessary measures despite the damage to the other motor vehicle. It seems that the defendant's negligence committed by the central line was significant, in light of the damaged motor vehicle's damaged condition and the injured condition of the victim F, etc., the crime of this case is very poor, such as escape without taking proper measures, and the crime is not agreed with the victim D. It is not good that the whole crime was denied until the court below, and the victim requested the victim D to recover the death diagnosis report submitted to the police, etc. The fact that there was a history of three times punishment (three times of fines) due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., and other circumstances unfavorable to the defendant, such as age, family relation, criminal record, character and environment, method and motive and circumstances of this case, etc.

arrow