(영문) 대전지방법원 2016.06.29 2016노102 | 리걸엔진

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Reasons

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자간(%)

(영문) 대전지방법원 2016.06.29 2016노102

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (amounting to five million won) imposed by the court below is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized all of the instant crimes; (b) the victim’s injury is relatively minor; (c) an agreement was reached between the Defendant and the victim; (d) the victim’s injury appears to have been recovered from the comprehensive insurance that the Defendant joined; (b) the Defendant suffered economic difficulties after business failure; and (c) the Defendant was an initial offender who has no criminal history.

On the other hand, the crime of this case was committed under the influence of alcohol by the defendant while driving a vehicle while under the influence of alcohol and neglecting the speed of the vehicle for the victim, and thus causing an injury by shocking the vehicle for the victim, and the criminal liability is not less than that of the defendant, the alcohol level of the blood alcohol level of the defendant is 0.156%, the distance of the defendant's driving is more than 5km, and the degree of damage of the defendant and the victim's vehicle, and it seems that the shock occurred at the time of the accident of this case. Accordingly, the vehicle for the victim's driving is scrapped, the driver's driving of this case needs to strictly punish the risk of causing harm to his/her life and property, and it seems that there is no negligence of the victim who contributed to the occurrence of the accident of this case.

In full view of the above circumstances and other circumstances leading to the instant crime, and the circumstances that form the conditions for sentencing as shown in the records and arguments, such as the Defendant’s age, sexual conduct, family relationship, occupation, etc., there is no change in circumstances that may vary between the lower court and the sentence. In full view of the fact that the lower court sentenced the lowest sentence within the applicable sentence, the lower court’s sentence is too unreasonable and unfair, and thus, the Defendant’s allegation on the above unfair sentencing is rejected.

3. The defendant's appeal is without merit.

유사 판례

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