logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2012.12.27 2012노593
교통사고처리특례법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The Defendant made a judgment on the grounds of appeal that he/she made a confession of all the crimes and did not drive under the influence of alcohol again while breaking his/her mistake.

There is no criminal offense for which the defendant has been sentenced.

The victim of the instant traffic accident agreed with the victim of the instant traffic accident.

The defendant's wife is not good health and the child of the defendant is a person with a real name of one eye.

These circumstances are favorable to the defendant.

On the other hand, the defendant has been punished for a fine on several occasions due to a drunk driving or a non-licensed driving crime and for a suspended sentence once.

In particular, in 2011, he was sentenced to a two-year suspended sentence for six months of imprisonment due to the crime of drunk driving and unlicensed driving, and he again committed each of the crimes in this case even during the suspended sentence period.

At the time of the instant case, the blood alcohol concentration level was higher than 0.123%, and the nature of the crime is not good due to traffic accidents.

These circumstances are disadvantageous to the defendant.

In addition to these points, comprehensively taking into account all the sentencing conditions shown in the argument of this case, including the age, character and conduct, intelligence and environment of the defendant, and the circumstances after the crime, punishment imposed by the court below is too minor.

It is not recognized that it is improper or unfair because it is large.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

arrow