logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.01.16 2019노1104
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The judgment is that the Defendant strongly shocked the previous vehicle while driving in the condition of 0.272% alcohol concentration in blood and caused an accident that shocks the previous vehicle due to the shock, and that the Defendant was injured by five victims due to the instant traffic accident, etc. are disadvantageous to the Defendant.

However, in full view of the circumstances that are favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the degree of injury suffered by the victims is relatively minor, the defendant subscribed to an automobile comprehensive insurance policy, the victim D, and the J does not want to be punished by the defendant, and the defendant agreed at the court below that the defendant agreed with the victim I, and that the defendant would dispose of the vehicle and would not repeat again, and that the defendant would dispose of the vehicle in this case and would not repeat again, and that the defendant is the first offender who has no record of criminal punishment, and other various circumstances such as the motive, circumstance, means and method of the crime of this case, the situation before and after the crime, the defendant's age, character and behavior, career, environment, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows.

[Reasons] The summary of facts constituting a crime and evidence admitted by the court is as follows: "The defendant is under the influence of alcohol of 0.272% from the blood alcohol level on December 21, 2018 at the bottom of the judgment of the court below to the second to the second to second level on December 21, 2018. The defendant is driving the above car at a level of 0.45% from the blood alcohol level and driving the car in front of the Daejeon Pungdong-gu Seoul Building at the long distance range from the gale-distance room of the ancientdong-gu.

arrow