logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.10.30 2013노1113
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of all the circumstances, including the fact that the defendant is against the principle of good faith (e.g., imprisonment for 10 months, 2 years of suspended sentence, 2 years of probation, community service, 160 hours of probation, 40 hours of law-abiding driving lecture), the sentence imposed by the court below is too unreasonable.

2. It is recognized that the judgment of the defendant is against the defendant, and that the defendant's driver's vehicle is covered by the motor vehicle comprehensive insurance.

However, the crime of this case was committed by the victim C (the age of 57) who was driven in the opposite direction due to negligence when the defendant neglected the duty of her first time while driving a motor vehicle while under the influence of alcohol with 0.252% of alcohol without a driver's license while driving a motor vehicle with B observer which is difficult to drive in a normal condition. The victim suffered from the injury of climatic salt requiring approximately two weeks medical treatment for the victim. The traffic accident of this case is solely due to the defendant's unilateral negligence, and it is not good that the defendant committed a crime with a very high blood alcohol concentration. The purpose of the crime of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes is to punish the driver while driving a motor vehicle in a situation where normal driving is impossible due to influence, such as drinking, and thus, it is necessary to punish the defendant as a crime requiring strict traffic accident differently from the general traffic accident, and the defendant is punished by a fine of 200 times or more.

arrow