(영문) 대전지방법원 2016.06.22 2016노977 | 리걸엔진

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(영문) 대전지방법원 2016.06.22 2016노977

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one month of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant include the following: (a) the defendant reflects the instant crime; (b) the distance of the defendant's driving under the influence of alcohol is not so long as the defendant is driving; (c) the degree of injury to the victim is relatively minor; (d) the medical expenses of the victim were compensated by the insurance that the defendant subscribed to; (e) the payment of consolation money to the victim; (e) the fact that the defendant agreed with the victim; and (e) the defendant appears to support the

On the other hand, the crime of this case was committed by the defendant while driving a vehicle under the influence of alcohol, which caused the injury by shocking the victim who was by negligence due to his neglect in the front direction while driving a vehicle under the influence of alcohol, and the criminal liability is not less less than that of the defendant, the alcohol level of the defendant's blood is 0.159%, the defendant's act of driving alcohol is highly likely to cause harm to his/her body and property of others, and there is a need to strictly punish the defendant's act of driving alcohol, and the defendant's act of driving alcohol is not good in the circumstances after the crime is committed, such as making the victim and conducting trial expenses, and the defendant again repeats the crime of this case, even though there are 11 times criminal records such as drinking, driving without a license, two times a suspended sentence due to driving without a license, and driving without a license, etc.

In full view of the above circumstances and the motive leading up to the instant crime, the circumstances after the commission of the instant crime, the age of the Defendant, sexual conduct, family relationship, occupation, etc., and all the circumstances constituting the conditions for sentencing as shown in the records and arguments including records and arguments, the lower court’s sentence is too too unreasonable, and thus, the Defendant’s allegation of the above unfair sentencing is not acceptable.

3. Thus, the defendant's appeal is without merit.

유사 판례

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