logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.08.26 2015노3012
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (one year of imprisonment) is too unreasonable.

2. The judgment of the court below does not take any measures such as the defendant's attempt to commit each of the crimes of this case, the defendant's blood alcohol density level is relatively heavy, the victim of traffic accident does not want punishment in the future while disposing of the vehicle that has been driven, the degree of injury suffered by the victim of traffic accident is relatively heavy, the victim does not want punishment in the investigation stage, there is no penal power exceeding fines, economic situation is difficult, and there is a family member to support the crime of this case, even though each of the crimes of this case does not take any measures such as causing any traffic accident which causes human and material damage from drinking state without a license, and the defendant runs away without drinking and without a license even after being prosecuted and tried for the crime, and the crime is repeated and the nature of the crime is not very good. The defendant's blood alcohol concentration level is high at 0.124% and 123% at the time of driving, the current Road Traffic Act which has been punished for the previous drinking driving, the current Road Traffic Act does not provide for the punishment of the defendant's excessive drinking operation and its motive for the crime.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

arrow