logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2020.11.06 2020노1028
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant is subject to criminal punishment twice by driving under the influence of alcohol, and is driving under the influence of alcohol without a license in a state where it is difficult for the Defendant to drive under the influence of normal alcohol with approximately one year and approximately 0.118% of blood alcohol level, which is punished for the last same kind of crime.

In the event of traffic accident, the victim suffered serious injury that needs to be treated for about 12 weeks due to the accident, the defendant presented his/her driver's license under the name of his/her birth in order to avoid punishment, and signed his/her name in the report on the circumstances of his/her own driver's statement.

However, the defendant's depth reflects on the victim, and the victim agreed with the victim, and the court submitted a written application to the court to the effect that "the defendant used the defendant for a crime of death in the first instance, and the victim diagnosed the 12-way injury in the accident of this case, which is not required to perform an operation, but merely requires preservation and treatment, and it does not interfere with daily business even after the accident, and it does not interfere with the delivery." The defendant's driver's vehicle is covered by a comprehensive insurance and thus paid medical expenses to the victim, and the vehicle possessed by the victim after the occurrence of this case is scrapped or disposed of, and there is no criminal records exceeding the fine, etc. are favorable to the defendant.

In addition, comprehensively taking account of the defendant's age, character and conduct, environment, motive of crime, circumstances after crime, etc., the sentence of the court below is deemed unfair.

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

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again made as follows.

arrow