logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.11.23 2016노1382
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for one year of imprisonment, one hundred and twenty hours of community service, and forty hours of order to attend a law-abiding driving lecture) that the court below sentenced is too unfford and unreasonable.

2. The crime of this case is an unfavorable circumstance where a drunk Defendant, while driving beyond the center line, received a motor vehicle and caused the death of the victim, and the victim suffered an injury to another victim, and the crime of this case is not very good, and the bereaved family members of the victim who died are deemed to have suffered a huge mental pain, and the degree of injury of other victims is not weak.

On the other hand, there are more favorable circumstances such as the fact that the defendant properly recognizes and reflects his mistake, that he did not punish the defendant by mutual consent with the victim's bereaved family members and the victim, that the motor vehicle operated by the defendant is covered by a comprehensive insurance, that the defendant is an initial criminal without any previous conviction, that the defendant is the first criminal without the defendant, and that the other persons, including the defendant's matrimonial engagement, want to leave the defendant's wife against the defendant.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

arrow