logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.02.17 2016노1655
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s punishment (for six months of imprisonment, one year of suspended sentence, and one year of attending order) is too uneased and unreasonable.

2. The crime of this case is a case where the Defendant driven while under the influence of alcohol 0.150% in blood, and caused a traffic accident, resulting in the victim’s injury requiring approximately two weeks’ medical treatment, and the quality of the crime is not weak, and the Defendant’s blood alcohol concentration level at the time of detection was relatively high by 0.150%, etc., which is disadvantageous to the Defendant.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, there is no past history of criminal punishment heavier than the fine, and that the victim does not want the punishment of the defendant by agreement with the victim.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

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