logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.08.12 2014노3948
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution for one year of imprisonment, probation, 240 hours of community service order, 40 hours of education) is too uneased and unreasonable;

2. The judgment of the court below is that each of the crimes of this case committed by the defendant while driving a vehicle in a situation where it is difficult for the defendant to drive the vehicle in a normal condition due to influence of alcohol and caused the death of the above victims by failing to discover two victims of the pedestrian signal who dried the crosswalk when the pedestrian signal is red, which resulted in the death of the above victims. The result is very heavy, and the defendant's negligence is minor, but the defendant's blood alcohol concentration level at the time is also 0.145% high. However, the defendant's criminal liability is not easy. However, the defendant's confessions of each of the crimes of this case and misleads in depth, the vehicle driven by the defendant is covered by a comprehensive insurance policy. The court below agreed with all of the bereaved family members of the deceased victims, there is no record of punishment exceeding the past fines, the victims' pedestrian signal appears to be responsible for the traffic accident of this case, such as a crosswalk width, and there is no reason to view that the defendant's age, character, environment, motive, circumstance, etc. after the crime of this case is too unreasonable.

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

arrow