(영문) 서울북부지방법원 2014.05.29 2014노373

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자간(%)

(영문) 서울북부지방법원 2014.05.29 2014노373

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. The judgment of the court below that the defendant denied the crime of this case in the court below, while recognizing the defendant's error in the course of the trial, it is against the defendant's depth, and the health condition of the defendant is not very good, and there is no record of punishment other than the punishment imposed by a fine in 194 and 197. The traffic accident of this case goes beyond the defendant's vehicle driving on the two-lane road under the influence of alcohol. The traffic accident of this case goes beyond the victim's vehicle driving on the two-lane road under the influence of alcohol. The victim's considerable error was also found in the occurrence of the traffic accident of this case. The vehicle driven by the defendant is also a member of the mutual aid association of the Federation of Passenger Transport Business Association of Korea, and taking into account the motive and circumstance leading up to the crime of this case, the situation before and after the crime of this case, the defendant's age, character and behavior, and family relation, etc., the judgment of the court below is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the gist of the evidence admitted by this court is as follows: (a) except where the “1. partial statement of the defendant (the date of the 8th trial)” in the summary of the evidence is deemed “1. The defendant’s trial statement at the court of the first instance” as “the defendant’s trial statement at the court of the court of the first instance”; and (b) thus, it

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

1. Prior to Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제2호

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