logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.11.23 2016노6097
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The judgment of the Defendant committed the instant crime resulting from a traffic accident while driving under drinking or driving without a license, even though he/she was under the period of suspension of the execution due to drinking driving, and thus, he/she has committed the instant crime. Therefore, the punishment therefor is required.

Meanwhile, the Defendant agreed with the victim of the traffic accident during the investigation process.

The degree of injury suffered by the victim is relatively weak.

Defendant reflects on crimes.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence of the lower court is too heavy or unreasonable.

Therefore, the defendant and prosecutor's assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow