logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.05.27 2015노1572
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant is working for two or three persons in the construction site and works for the head of a day-to-day team. In light of the fact that the defendant's failure to work for a long time to comply with the community service order and the order to attend a lecture as ordered by the court below, the sentence of the court below (the imprisonment of August, the suspension of execution of the two years, the community service of 80 hours, and the lecture for a compliance of 40 hours) is too unreasonable.

2. According to the records, it is recognized that ① the defendant recognized the crime of this case, and the defendant's vehicle is covered by the comprehensive motor vehicle insurance.

However, in light of the fact that the defendant's refusal of drinking alcohol measurement had been punished once and twice due to drinking alcohol driving, and again, the defendant committed the crime of drinking alcohol driving in this case, the defendant neglected to pay attention while under the influence of alcohol causing injury to the elderly victim, the victim's injury was serious, and the defendant reversed the defendant's statement about the distance from driving under the influence of alcohol at an investigative agency, etc., it is somewhat doubtful whether or not the defendant's serious reflective nature, the above circumstances are considered to have already been reflected in the judgment of the court below, and there is no change of circumstances that may be additionally reflected in the sentencing after the decision of the court below, and (3) there is no other change of circumstances that may be reflected in the sentencing, such as the circumstance, means, results, and the circumstances after the crime, etc., the sentence of the court below cannot be deemed to be unfair because it is excessively unreasonable

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

arrow