(영문) 춘천지방법원 강릉지원 2014.09.02 2014노285

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굵기

줄 간격

자간(%)

(영문) 춘천지방법원 강릉지원 2014.09.02 2014노285

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. After the occurrence of a traffic accident, the Defendant left the scene after getting out of the scene of the accident, but only returned to the country as it was impossible to find out the damaged vehicle, and there was no intention to flee.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The Defendant also asserted the same purport in the lower court’s judgment as above, and the lower court rejected the Defendant’s assertion in detail in the part on “determination of the Defendant and the defense counsel’s assertion” among the reasons for the judgment. Examining the lower court’s judgment in comparison with the evidential materials, it is recognized that the Defendant intended to flee without training the scene of the accident.

This part of the defendant's assertion is without merit.

B. The crime of this case on the assertion of unfair sentencing is an unfavorable circumstance to the Defendant, in which the Defendant, while driving a motor vehicle without a driver’s license, did not take relief measures after causing an accident and let another person make a false statement as if he driven a motor vehicle, and the nature of the crime is bad. The Defendant has the record of punishment for driving without a driver’s license, and the Defendant committed the crime of this case during the period of suspended execution due

However, in full view of the various sentencing conditions indicated in the instant case, including the Defendant’s age, occupation, motive, means and consequence of the crime, including the fact that the Defendant agreed with the victims of traffic accidents and the fact that traffic accidents are relatively minor, the lower court’s punishment is too unreasonable.

3. If so, the defendant'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 is ruled again after pleading.

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.

참조조문

-형사소송법 제364조 제6항

유사 판례

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