logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.04.21 2014노2271
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, three years of suspended execution, three years of social service, 200 hours of participation in compliance driving, 40 hours of participation in compliance driving) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant recognized the instant crime and opposed to the instant crime, and that the degree of damage of the victims is not serious.

B. However, the Defendant committed the instant crime even before being sentenced to a fine of two million won on February 8, 2002 due to the violation of the Road Traffic Act (driving) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicle) on October 23, 2006 and a fine of seven million won due to the violation of the Road Traffic Act (driving Vehicle). However, the Defendant committed the instant crime while driving under the influence of alcohol prior to being sentenced to a fine of seven million won due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc. of Specific Crimes”) but at the same time committed the instant crime. The Defendant, while driving without a license, inflicted an injury on three victims while driving a vehicle without a license, and escaped without taking relief measures even after destroying the vehicle, and the nature of the relevant crime is poor, taking into account various circumstances favorable to the Defendant, such as the Defendant’s age, circumstances leading to the commission of the crime, and the circumstances after the crime, etc.

C. Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

arrow