beta
(영문) 창원지방법원 2016.06.23 2016노313

교통사고처리특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. There are extenuating circumstances, such as the following facts: (a) the Defendant’s confession and reflects the criminal facts; (b) the fact that it appears to have agreed with the victims of the traffic accident; and (c) the fact that there is no criminal record.

On the other hand, on May 18, 2015, the Defendant, while driving at a high alcohol level of 0.116% during blood transfusion, neglected to perform his/her duty of care to keep the steering gear and operation in a safe manner, and did not go through the front and the steering gear, and suffered injury (influence 2-6 weeks) to the victims of seven victims of traffic accidents due to occupational negligence that he/she continuously proceeded.

On September 25, 2015, during the trial on the above crime, he again committed a crime without a license under the influence of alcohol with a very high alcohol level of 0.189% without a driver's license, and furthermore, in order to be exempted from punishment after regulating a person without a license for driving under the influence of alcohol, he/she forged and held a private document by using personal information of a non-resident.

이와 같이 이 사건 각 범행의 죄질이 매우 나쁠 뿐만 아니라, 피고인은 음주 운전 등으로 2003년 벌금 200만 원, 2015년 벌금 100만 원의 각 처벌을 받았던 점, 2014년 사기로 징역 6월에 집행유예 2년을 선고 받았는데 이 사건 범행은 모두 그 집행유예기간 중에 저지른 점( 다만, 현재는 위 집행유예기간이 도 과하였다) 등을 더하여 보면, 피고인에게 엄정한 형의 선고가 불가피하다.

The lower court, including the aforementioned circumstances, determined the punishment by fully taking into account the circumstances surrounding the sentencing of the Defendant, and determined it within the reasonable scope.

Since the court below's punishment is too large, so it is not recognized as unfair.

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is in accordance with Article 364 (4) of the Criminal Procedure Act.