logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.12.06 2018노1611
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: The punishment sentenced by the court below (10 months of imprisonment, 2 years of suspended sentence, 2 years of community service and order to attend lectures) is too unreasonable.

2. The driving of judgment under the influence of alcohol is a serious crime threatening to the life, body, and property of another person as well as his/her family. It is reasonable to hold his/her family liable with severe legal responsibility. The Defendant, even according to his/her statement, 7 persons or more who got a bus going beyond the median line and go ahead of the opposite line in the situation where he/she was taken under the influence of “the extent of not memory at all”, and received the bus from the opposite line, and the Defendant was punished once for a crime of violation of Road Traffic Act (driving) and one time for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving), and the Defendant has been punished twice for a crime of the same kind, such as violation of the Road Traffic Act (Drinking) and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving). In addition, the Defendant had a history of punishment six times, including other crimes, was very high to 0.201% alcohol concentration among the blood of the Defendant at the time of the crime in this case.

Taking account of the fact that the Defendant’s comprehensive vehicle insurance, which the Defendant joined, is deemed to have been compensated for human and material damage caused by the instant crime, and that the Defendant reached an agreement with two victims of the instant crime, etc., even considering the favorable circumstances for the Defendant, the sentence imposed by the lower court is too somewhat less light.

Ackless fluoritely,

shall not be deemed to exist.

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

arrow