logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.02.11 2014노1490
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is justified in light of the following circumstances: (a) a traffic accident in which the defendant was parked in a vehicle for a vehicle in which the defendant had received a traffic accident but failed to take necessary measures even after destroying the above vehicle; and (b) a traffic accident in which the victim I and K had been driven by the victim I and again escaped without taking necessary measures despite being injured by the victim I and having damaged the above vehicle; and (c) the fact that the defendant had been sentenced to a fine due to drinking driving and traffic accident is disadvantageous to the defendant; (d) the fact that the defendant has a record of being sentenced to a fine due to a drinking driving and a traffic accident is disadvantageous to the defendant; (e) the defendant made a confession and living in custody; (e) the defendant has agreed with the victims at the trial; (g) the motor vehicle driving of the defendant was covered by a comprehensive motor vehicle insurance; (g) the degree of injury of the victims; (g) the defendant suffered from a dynamic disorder; and (g) the defendant has no family record beyond a fine; and (g) the defendant's age, character, character, family relationship, motive, means and consequence of the crime.

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

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.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Criminal Act as to the crime committed under the corresponding provision of the Act.

arrow