logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.09.18 2018노1752
교통사고처리특례법위반(치상)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 against the Defendant (eight months of imprisonment) is too unreasonable.

B. The lower court’s above sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The judgment appears to have the attitude of recognizing and reflecting the Defendant’s crime, the degree of injury suffered by the victims is relatively minor, and the vehicle driven by the Defendant appears to have been covered by comprehensive insurance and thus has been recovered from damage is favorable to the Defendant.

Meanwhile, the Defendant was sentenced to three times a fine due to drinking driving, one time a suspended sentence, and two times a sentence, and was sentenced due to drinking driving, and again committed the instant crime during the period of repeated crime. The Defendant’s alcohol concentration in blood at the time of the instant case was considerably higher than 0.190%, which is disadvantageous to the Defendant.

In full view of all the sentencing conditions shown in the arguments in the instant case, such as the above circumstances and the Defendant’s age, sex, environment, and family relationship, and the sentencing guidelines (from eight months to two years) of the Supreme Court sentencing committee (from eight months to two years), it cannot be deemed that the lower court’s punishment is too heavy or too unreasonable.

Therefore, each of the above arguments by the defendant and the prosecutor is rejected.

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow