logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2013.08.29 2013노143
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (six million won of a fine) is too unhued.

2. The judgment of the accused reflects the mistake when he/she acknowledges his/her crime.

The Defendant agreed with the victims of the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and did not want to punish the victims.

In around 209, the Defendant was subject to the AAAAAAAA in early 2009, and as a recipient of basic livelihood, must support the wife with Teinson’s disease and with brain 5th degree of cerebral disease and high school students.

These circumstances are favorable to the defendant.

However, the Defendant had been sentenced to a fine four times due to the crime of drunk driving, and even though he was sentenced to a suspended sentence of one year for fraud in 201, he committed the crime of this case during the suspended sentence, even though he was sentenced to a suspended sentence of two years for fraud.

The crime of this case is not limited to simple driving, but to cause a traffic accident that intrudes on the opposite vehicle, causing each injury to the driver and passenger of the other vehicle, and the blood alcohol concentration level at the time of drinking driving is 0.13% higher.

These circumstances are disadvantageous to the defendant.

In addition to this point, in full view of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., it is recognized that the court below's sentence of the fine to the defendant is too uneasible and unreasonable.

3. Accordingly, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading.

Criminal facts

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

The laws and regulations;

arrow