logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.10.27 2016노2040
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended execution) is too unhued and unfair.

2. On the one hand, each of the crimes of this case was committed by the Defendant with a very high blood alcohol level of 0.154%, and the Defendant suffered an injury to three victims on board the vehicle due to a traffic accident in which the damaged vehicle was parked in the front signal route while driving the sea in the state of high blood alcohol level of 0.154%, and thus, the crime is not good, and the Defendant was punished for a fine of KRW 700,00 due to a drunk driving in 201, and there is no need to punish the Defendant strictly.

On the other hand, it is reasonable to take into consideration the favorable circumstances, such as the fact that the defendant led to the confession of the facts constituting an offense, the degree of injury of the victims, the fact that the degree of injury of the victims seems to be relatively unfilled as two weeks each, the defendant has no record of punishment other than three times prior to the fine for the above drunk driving and the crime of violence, and the fact that the vehicle is covered by the comprehensive motor vehicle insurance.

In addition, in full view of the fact that the lower court was determined by taking into account all the circumstances, and there was no special change in the trial, and other various circumstances, such as the Defendant’s age, environment, character and conduct, motive for committing a crime, and circumstances before and after committing a crime, it is not recognized that the lower court’s punishment is too unjustifiable and unreasonable.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow