(영문) 청주지방법원 2015.05.01 2014노1314 | 리걸엔진

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(영문) 청주지방법원 2015.05.01 2014노1314

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of three years of suspended sentence of one year and six months of imprisonment, probation, a community service of 200 hours, and a course of 40 hours of compliance driving) declared by the court below is too uneasy and unreasonable.

2. The crime of this case was committed by the Defendant while driving a vehicle while under the influence of alcohol 0.169% of alcohol content in the blood alcohol level, and by neglecting the center line by negligence, and thereby, the victims suffered each injury. As such, the illegality of the act is heavy.

In addition, even though the Defendant was punished for drinking and driving without a license since 2000, the Defendant had been punished more than five times in total, including two times in the suspension of execution, but again committed the same crime, and even around 2003, there is a need to strictly punish the Defendant in consideration of the fact that some victims caused the crime of drinking driving have reached the death.

However, the Defendant seems to have recognized all of the crimes of this case and against his mistake.

Furthermore, the defendant did not want the punishment of the defendant because the defendant agreed smoothly with the victims in the court below.

In addition, taking into account the following circumstances: (a) the victims’ injury was not severe; (b) the Defendant subscribed to a comprehensive motor vehicle insurance; (c) the Defendant was not at all engaged in driving or non-licensed driving until the crime of this case was committed after December 2007; (d) the disabled person of class 3 due to the aftermath of the previous traffic accident; and (e) the Defendant’s age, character and behavior, intelligence and environment; (e) relationship with victims; (g) motive, means and consequence of the crime; and (e) the circumstances after the crime were committed, it is not recognized that the punishment determined by the lower court is too unreasonable.

The prosecutor's ground of appeal cannot be accepted.

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

참조조문

-형사소송법 제364조 제4항

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