(영문) 청주지방법원 2015.12.11 2015노1218 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2015.12.11 2015노1218

교통사고처리특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The Defendant appears to have committed the instant crime in a net manner and committed the instant crime in depth.

In addition, it is difficult to view that the extent of the injury inflicted by the Defendant on the victim of the instant traffic accident (in addition, the victim expressed his intention not to punish the Defendant during the police investigation process.

In addition, the fact that the family members and the company members of the defendant want to have the defendant's prior wife, and the defendant appears to have lived faithfully after being punished for the last crime of drunk driving on July 28, 2010 without any particular accident, etc. are considered favorable to the defendant in the course of the determination of the punishment for the crime of this case.

However, the crime of this case committed by the Defendant, while under the influence of alcohol at a high level of 0.147%, sustained an injury by a victim who was walking a cargo while driving the vehicle, and, even after being prosecuted for the crime, without a driver's license, placed the vehicle on the road, while driving the vehicle under the influence of alcohol without a driver's license, and failed to comply with the police officer's request for alcohol measurement, and the punishment for the unlawful act is not against the law.

In addition, the defendant has been subject to five criminal punishment (including two times of suspended execution) due to the crime related to drinking driving until now.

The above favorable circumstances appear to have been sufficiently reflected in the judgment of the court below on the sentencing, and comprehensively taking account of the defendant's age, character and conduct, intelligence and environment, relationship with victims, motive, means and consequence of the crime, etc., the sentencing of the court below is too unreasonable.

Therefore, Defendant’s ground of appeal cannot be accepted.

3. Conclusion.

유사 판례

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