(영문) 창원지방법원 2016.10.27 2016노2023 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2016.10.27 2016노2023

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (limited to eight months of imprisonment, two years of suspended sentence, forty hours of attending the law-abiding driving lecture, and eight hours of social service) is too unreasonable.

2. The fact that the judgment of the defendant led to the confession of criminal facts and reflects on the criminal facts, that the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance, that the victim agreed to do so in a separate manner with the victim, and that the victim submitted a written application for the correction of the defendant's wife, and that the vehicle should not be transferred to anyone or person of the defendant for the first time and should not be reoffending is favorable to the

However, the instant crime causes a traffic accident while driving a central line while under the influence of alcohol by the Defendant, and the quality of such crime is not good. The Defendant stated that the police officer called up immediately after the instant accident did not drive his vehicle and went away after the accident, and that he did not cause a confusion in the investigation, etc. It is not good to the circumstances after the instant crime was committed. The Defendant’s blood alcohol level at the time of the instant crime was high 0.131%, and the injury suffered by the victim due to the instant accident is not easy due to the following: (a) the instant accident was highly high 0.131%; (b) the injury suffered by the victim due to the instant accident was the brain 5 weeks in need of attention; (c) the Defendant was sentenced to a fine of one million won due to a drunk driving in 2015; and (d) the Defendant’s age, environment, character and conduct, motive of the instant crime, circumstances before and after the instant crime, etc., and all other circumstances that may serve as the conditions for the records and the pleadings in the instant case.

3. In conclusion, 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.

참조조문

-형사소송법 제364조 제4항

유사 판례

-울산지방법원 2015.05.14 2015고단192

-창원지방법원 마산지원 2013.01.23 2012고단809

-광주지방법원 2013.10.30 2013노1599

-서울북부지방법원 2019.03.15 2018고정1815

-청주지방법원 2013.12.06 2013노625