logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.05.31 2017노3679
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (for four months of imprisonment, one year of suspended sentence, one year of probation, observation of protection, community service, 120 hours in social service, 24 hours in a compliance driving lecture, and 40 hours in alcohol treatment lectures) is too unfasible and unfair.

2. Determination of the crime of this case is an unfavorable circumstance, such as the Defendant’s act of causing a traffic accident while driving alcohol, resulting in the injury of three victims, and the nature of the crime is not weak, and the Defendant again committed the crime of this case even though he had the record of punishment for driving alcohol in the past.

On the other hand, there are favorable circumstances such as the fact that the defendant acknowledges and reflects his mistake, that all victims agree, and that the defendant has no record of punishment in excess of the suspended sentence of imprisonment.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and thus, cannot be deemed unfair. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

arrow