(영문) 의정부지방법원 2015.11.25 2015노1799

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(영문) 의정부지방법원 2015.11.25 2015노1799

도로교통법위반(사고후미조치)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The judgment of the defendant has been sentenced to a fine due to drinking driving two times prior to the crime of this case, and even if the defendant was sentenced to a suspended sentence due to drinking driving even at the time of the crime of this case, he/she is driving again with a license without a license to the extent that it is similar from the date of the

The Defendant committed the instant crime that causes an accident and leaves the scene, and caused an accident that gets off the center line while the Defendant making a right-hand at the intersection, and caused an accident that gets on the opposite side, and thus, it cannot be deemed that the violation of the duty of care and the degree of damage cannot be deemed that the degree of damage is less severe. In particular, in light of the fact that the Defendant moved to the first place to see him as if he did not drive immediately after the accident, and that she did not drive her to the fire fighter, etc. dispatched to the police officer, etc., and that she had his her her son present at the investigative agency to make a false statement, the sentence of the lower court is somewhat simple.

However, in full view of all the factors such as the motive and background of the crime, the method and consequence of the crime, the circumstances after the crime, the criminal records of the defendant, and the defendant's environment, etc., including the following facts: (a) the defendant has no record of being punished for other crimes except for those punished three times due to drinking driving (the period of the crime is far far far away from 203 and 2008, and 2014); (b) the defendant voluntarily attended the police after five days from the date of the crime; (c) the defendant voluntarily led to the confession of the crime; (d) the defendant's restoration to the original state; and (c) the defendant's detention could cause an excessive difficulty to his family members; and (d) the punishment of the court below is unreasonable.

3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

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