(영문) 청주지방법원 2015.10.29 2015노1018 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2015.10.29 2015노1018

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.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the occurrence of the instant traffic accident, has returned to the scene of the accident because there is no place to stop at the scene of the accident, and there was no intention to flee.

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

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., ① the defendant led the police to the court below's order, and the defendant was in the period of suspension of execution at the time of the traffic accident, and the defendant was in the defendant's vehicle insurance was not covered by the automobile insurance. The defendant's statement was credibility in accordance with the objective circumstances acknowledged by other evidence and the witness's statement. ② The defendant confirmed that the victim suffered unexpected injury due to the shock of the victim's driver's misperion, and even if the defendant confirmed the victim's misperion by the vehicle, he did not take relief measures against the victim or left the scene without notifying the victim of his personal information, etc., it is determined that the defendant had the intention to escape at the time of the traffic accident of this case.

Therefore, the judgment of the court below that found this part of the facts charged guilty is not erroneous and adversely affected by the judgment.

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

B. The Defendant’s unfavorable circumstances on the assertion of unfair sentencing are as follows.

The defendant was faced with a victim who was on board a motor vehicle, thereby causing injury to the victim, and escaped without immediately taking relief measures even after the victim was damaged by the motor vehicle.

The Defendant shall recover damage for a long time after the instant crime was committed.

유사 판례

-대전지방법원 2019.07.18 2018노1597

-전주지방법원 2019.01.18 2018노1483

-부산지방법원 2014.09.19 2014노2292

-서울서부지방법원 2016.12.22 2016노1327

-대구지방법원 2016.10.06 2015노3436