(영문) 전주지방법원 2017.10.20 2017노1235 | 리걸엔진

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(영문) 전주지방법원 2017.10.20 2017노1235

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (unfair sentencing) is that of the lower court’s punishment (i.e., eight months of imprisonment and two years of suspended sentence, etc.) is too uneased and unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) the victims and the victims do not want the Defendant’s punishment; and (c) the Defendant’s family members want the Defendant’s prior wife to the Defendant.

On the other hand, the crime of this case is committed by the defendant while driving under the influence of alcohol and causing a traffic accident to the two victims requiring approximately two weeks of medical treatment, and its nature is not somewhat weak. At the time of detection, the defendant's blood alcohol concentration was relatively high by 0.147%, and the driving of alcohol is a crime that may cause serious danger to the life and property of others, and thus, it is necessary to strictly punish the defendant.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition (Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime of 1, and the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, etc., (Article 5-11 of the Act on the Aggravated Punishment, etc., of Specific Crimes as to the Crime of 1, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (Article 5-1 of the Act on the Aggravated Punishment, etc., of Specific Crimes as to the Crime of 1, and Article 5-11 of the Act on the Aggravated Punishment, etc., of Specific Crimes as to the Punishment, etc. of Specific Crimes (Article 148-2 (2) 2 and Article 44 (1) (driving)

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

-형법 제40조

-형법 제50조

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