logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.08.13 2014노1283
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) that the court below sentenced against the defendant is undue.

2. In light of the above, a favorable circumstance is recognized, such as the fact that the defendant led to the confession of each of the crimes of this case and reflects his mistake, that the victim does not want the punishment against the defendant in the course of the investigation, that the defendant is likely to have been an opportunity to close and have an opportunity to know about the unity of punishment through confinement life for about four months, that the defendant raised three children neglected after the divorce, that is not good in economic circumstances, and that the defendant's failure to repeat the crime is likely to occur.

However, since the act of driving without a license is highly likely to cause harm to the life and body of others as well as the person in question, the nature of the crime is not weak.

However, the defendant is driving in a situation where it is difficult for him to drive in a normal manner while under the influence of alcohol, and the defendant suffers from the injury of the victim who was walking the crosswalk under the pedestrian name, and the victim who was driving the crosswalk after the accident is exposed to a heavy punishment due to poor quality of the crime. The victim's injury level is six weeks prior to the accident, and the victim's blood alcohol level is relatively high by 0.137% at the time of the instant case, and the defendant's blood alcohol level is relatively high by 0.137% at the time of the instant case, and the criminal punishment records for the same crime are six times more than the suspension of execution, and two times more of them are the criminal records for the same crime, and all other sentencing conditions such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., it is unreasonable for the court below

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

arrow