(영문) 대전지방법원 2015.03.19 2014노3281 | 리걸엔진

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(영문) 대전지방법원 2015.03.19 2014노3281

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. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months) of the original judgment is too unreasonable.

2. The crime of this case is deemed to have escaped after the defendant caused a traffic accident by negligence in violation of the signal while driving a vehicle which was not covered by mandatory insurance in the state of no license for drinking, and the quality of the crime is not good. It is deemed that the damage has not been paid up to now, and even if it is not agreed with the victim, etc., it is acknowledged that the defendant, even though he entered the country as a travel expense around November 9, 2013 and there are some circumstances to consider the situation such as the situation where the defendant had been driving the vehicle of this case during the current illegal stay, and there was no criminal power during the period of his sojourn, and there was a relatively minor injury that requires two weeks medical treatment, etc.; the defendant recognized all of the crimes of this case; the defendant appears to have an opportunity to reflect against the defendant during several months of detention on August 2014; and the defendant's age, character and behavior, the defendant's age, motive, means and consequence of the crime, and the circumstances of the defendant's punishment too unfair.

Therefore, the defendant's argument of unfair sentencing is justified.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

참조조문

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