logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (전주) 2014.08.26 2014노110
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant repents and reflects his mistake, that the victim does not want the punishment of the defendant by mutual consent with the victim, that the injured person is relatively minor, etc.

However, as the court below properly pointed out, the act of inflicting bodily injury on the driver of the vehicle in operation by causing injury to the victim, who is a taxi driver, may lead to a traffic accident, which leads to a serious danger, and there are several violent offenses committed by the defendant, as well as the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which was committed by the defendant under the influence of alcohol, and committing the crime in this case without being aware of the fact that the defendant committed the crime in excess of alcohol during the suspension period due to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which was committed under the influence of alcohol, and taking into comprehensive account various sentencing conditions of the defendant's age, character and behavior, environment, family relationship, motive and circumstance after the crime, etc., as well as the recommended sentencing guidelines, even if the judgment below becomes final and conclusive, considering that the sentence imposed by the defendant should be recovered by adding up the punishment suspended by the defendant after the suspension of execution of the previous sentence becomes null and void, the defendant's assertion is groundless

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

arrow