logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.06.15 2016노5246
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant is too unfasible and unfair.

2. The crime of this case committed by the Defendant was committed by the victim while driving alcohol at the same time before the same lane, resulting in the victim’s injury requiring approximately two weeks of treatment, and the nature of the crime is not good. The fact that the blood alcohol concentration at the time of the crime of this case was very high to 0.215%, etc. is disadvantageous to the Defendant.

However, the circumstances favorable to the defendant include the fact that the defendant is recognized as committing the crime of this case, the first offender, the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance, the fact that the victim's legal representative has agreed smoothly with the victim, and the degree of injury of the victim is not much severe.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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 appeal is without merit. It is so decided as per Disposition.

arrow