(영문) 의정부지방법원 2015.11.13 2015노2434

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2015.11.13 2015노2434

교통사고처리특례법위반등

Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the punishment imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.

2. In light of the content and method of the crime, the crime of this case committed by the defendant is not less than the nature of the crime in light of the contents and the method of the crime, the insurance management for the damaged vehicle at the time of the accident was not conducted, and the victim was not reached up to now, and the defendant has been punished several times due to drinking driving and driving without license, and there is a significant possibility of criticism during re-offending during the suspended execution period due to the same kind of crime, and the fact that the defendant escaped to the investigative agency for the purpose of avoiding the suspended execution period and refused to summon for a long time and was arrested only four years after the accident is disadvantageous to the defendant.

However, the court below made a statement that the defendant made a confession of the crime of this case and reflects his mistake in depth, and deposited 1.5 million won in cash for the victim, 1.5 million won in the court below's additional cash (1.5 million won in the court below). The degree of injury to the victim is not excessive, the defendant's wife and dependent desire to live in custody for about six months, and the defendant's age, character, character, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime of this case, criminal records, family relations, health conditions, etc. are considered to be unfair, and the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

b) the evidence;

참조조문

-형사소송법 제364조 제6항

유사 판례

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