(영문) 부산지방법원 2015.02.13 2014노3729 | 리걸엔진

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자간(%)

(영문) 부산지방법원 2015.02.13 2014노3729

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of 8 months in imprisonment, 2 years in suspended execution, and 24 hours in the compliance driving lecture imposed by the court below against the defendant is too unreasonable.

2. In the instant case, each of the instant crimes, which was committed by the Defendant while driving a motor vehicle, caused the injury to the victim by shocking the victim’s driver’s vehicle that had been driven by negligence while neglecting his/her duty of care, and at the same time, the traffic accident that damages the said motor vehicle was destroyed by leaving his/her vehicle at the site, and considering the Defendant’s occupation, etc., the issue is not easy, and the quality of the crime is

However, in full view of the various circumstances, including the Defendant’s age, environment, occupation, family relationship, circumstance leading to each of the instant crimes, circumstance after the crime, etc., the sentence of the lower court is unreasonable, and it is unreasonable, in view of the following: (a) the Defendant informed an investigative agency of his driving to the Defendant; (b) led the confession of each of the instant crimes; (c) the degree of damage is relatively minor; (d) the victim and the victim have agreed with the victim; (c) the victim is present at the court of the first instance to appeal against the Defendant until the victim; (d) the Defendant had no record of criminal punishment; and (e) the police officer appears to have faithfully worked; and (e) the Defendant’s age, environment, occupation, family relationship

Therefore, 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.

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. Relevant provisions concerning facts constituting an offense;

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

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