logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2016.10.13 2016노351
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. There are favorable circumstances such as the fact that the judgment is against the defendant, the fact that the defendant agreed with the victim, the fact that the vehicle in this case was covered by the comprehensive motor vehicle insurance, the injury suffered by the victim is minor, and the defendant's health status is not good.

However, in light of the fact that the Defendant had been punished several times due to drinking driving, and in particular, during the suspension period of execution due to the violation of the Road Traffic Act (driving) and the blood alcohol level of the Defendant at the time of the instant accident was significantly high by 0.261%, such drinking driving is inevitable for severe punishment to lead to large human life damage, and other circumstances, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., which are the conditions for the sentencing specified in the instant case, it cannot be deemed unfair because the lower court’s punishment is too excessive.

Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

arrow