logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.11.10 2017노4642
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (7 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The judgment of the Defendant caused the instant traffic accident while driving under drinking, resulting in injury to three victims, and the Defendant’s blood alcohol concentration at the time of the instant case is disadvantageous to the Defendant.

On the other hand, the defendant repents and reflects his mistake, there is no criminal history against the defendant, the vehicle involved in the accident is covered by the comprehensive motor vehicle insurance, the degree of injury of the victims is relatively minor.

The fact that the court below seems to have reached a full agreement with the victims is favorable to the defendant.

In addition, when comprehensively taking into account all the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, the lower court’s punishment is deemed unreasonable as it is too uneasible.

Therefore, the prosecutor's above assertion is without merit.

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

arrow