(영문) 전주지방법원 2018.08.09 2018노713 | 리걸엔진

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(영문) 전주지방법원 2018.08.09 2018노713

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. The crime of this case was committed under the influence of alcohol (0.247% in blood) by the defendant while driving alcohol again while being sentenced to a fine for a period of suspension of the execution of the execution of the suspension of the execution of the sentence, and the defendant committed the crime of this case again even though he was sentenced to a fine for a period of two years in the crisis where the suspension of the execution of the sentence would become invalidated, and the defendant committed the crime of this case again by repeating the same kind of crime until recently, such as the crime of violating the Road Traffic Act (refusing alcohol) in 2014, which was punished as a crime of violating the Road Traffic Act (refusing alcohol), which was committed by the defendant for a period of suspension of the execution of the sentence. The defendant committed a serious disadvantage to the defendant, such as the fact that he was punished as a crime of violating the Road Traffic Act (refusing alcohol) in 2014.

On the other hand, the fact that the defendant's mistake is recognized and against the defendant, there is no record of punishment heavier than the suspension of execution, the victim is receiving treatment by the insurance to which the defendant was enrolled, and the victim does not want the punishment of the defendant by agreement with the victim, and the defendant disposes of the vehicle in the first instance and did not repeat again, etc. are favorable to the defendant.

In addition, in full view of the various conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, and background leading to the instant crime, and the result of the application of the sentencing guidelines by the Supreme Court sentencing committee [4 months to one year from the date of imprisonment for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes], the lower court’s sentencing is too heavy or is at discretion.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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