logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.08.09 2018노260
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) is deemed to be too unhued and unfair.

2. The judgment below, on the grounds stated in its reasoning, determined the above punishment against the defendant. The defendant's blood alcohol concentration level at the time of the traffic accident in this case is 0.115% and is low, the defendant's negligence level is heavy, the defendant's negligence level is not received from four victims, and the defendant was punished by drinking at around 2008, and the defendant had a record of being punished by drinking at around 2008. In light of the fact that the defendant was sentenced to punishment in the court below, the circumstances claiming the unfavorable sentencing in the trial are likely to have been sufficiently considered while he was sentenced to punishment in the court below, and there was an agreement between the defendant and two victims, and a sum of three million won in total for the victims, and that the insurance money was paid to the victims through a comprehensive insurance policy purchased by the defendant's driver's vehicle, the judgment of the court below exceeded the reasonable scope of discretion.

shall not be appointed by a person.

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

arrow