logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.11.29 2013노2638
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal of this case, the punishment (one year of imprisonment, two years of suspended execution, and 120 hours of community service) imposed by the court below is too uneased and unreasonable.

2. The judgment has a record of being punished by a fine twice due to drinking driving, and the drinking value of this case is high, and the driving of a motor vehicle without mandatory insurance under the influence of alcohol caused an accident while driving the motor vehicle under the influence of alcohol, and the damage recovery was not completely performed is disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant reflects the crime in depth; (b) there is no record of punishment exceeding a fine; (c) there is no record of punishment; (d) there is economic difficulty; (c) support the married two married children; (d) deposit money of KRW 300,000 as the victim; and (e) the sentence against the Defendant is determined in full consideration of the various circumstances as seen earlier; and (d) there is no change of circumstances that may vary between the original judgment and the sentence; and (e) other circumstances that form the conditions for the argument and the sentencing as indicated in the record of the instant case, including the Defendant’s age, character and behavior, environment, and motive and circumstance of the crime; and (e) the Prosecutor’s assertion is not acceptable since the sentence imposed by the lower court

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

arrow