logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.05.03 2018노4275
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the defendant guilty of the violation of Article 148-2 (2) 1 of the Road Traffic Act among the facts charged in this case (the blood alcohol concentration of 0.23%) and the violation of Article 148-2 (2) 2 of the Road Traffic Act and the injury caused by each dangerous driving.

However, only the Defendant appealed against the guilty portion, and the acquittal portion among the judgment below was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (ten months of imprisonment, two years of suspended sentence, 40 hours of community service order, and 40 hours of order to attend a compliance driving lecture) is too unreasonable.

3. It is recognized that the judgment of the defendant recognized all of the crimes of this case and reflects the fact that the defendant agreed with the victims, that there was no criminal record, that the defendant's vehicle was covered by comprehensive insurance, and that material damage was compensated for since it appears that the defendant's vehicle was covered by comprehensive insurance, that the distance of the defendant's drinking driving is relatively short of about 300 meters, that the economic situation of the defendant is not good, and that the defendant's will want to have a preference against the defendant

However, it is also recognized that the result of the crime committed by the Defendant, such as neglecting his duty of care on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

In addition, various circumstances, such as Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, and circumstances after the crime, etc., and special circumstances to change the sentencing of the lower court after the lower judgment.

arrow