logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.03.19 2019노3118
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. After first committing the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in this case and the violation of the Road Traffic Act, the Defendant committed a violation of the Road Traffic Act (driving) again by driving a vehicle over about 10 km section while under the influence of alcohol with no license on the last two months.

The Defendant had a history of driving 4 times and driving 2 times without a license even before he commits the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents.

Considering this, even if there is a favorable condition for the defendant, it is strongly required to punish the defendant effectively.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant shows his attitude to confession and reflect on crimes.

In the case of the crime of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury), the degree of the victim's injury was not excessive as two weeks for the treatment period, and the defendant agreed with the victim, and the above victim submitted documents that want the defendant's wife at the trial.

In addition, in the case of the crime of violation of the Road Traffic Act (driving) committed at the time, the operating section was relatively short of about 1 km, and even the previous conviction which constitutes the elements of the crime is the most recent judgment on February 19, 2013, and it has been relatively old.

The defendant supports his wife and children with disabilities.

These circumstances are favorable to the defendant.

In addition, in the case of the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the violation of the Road Traffic Act (hereinafter referred to as the "Act on Special Cases concerning the Settlement of Traffic Accidents"), the driver's vehicle was a small cargo vehicle, and the drinking level was 0.097% of alcohol level in blood, and thereafter, in the case of the violation of the Road Traffic Act (driving) committed again, the driver's vehicle drives the vehicle over the distance of about 10km in the blood alcohol concentration of about 0.070%.

arrow