logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.09.11 2020노286
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to misunderstanding of facts and misunderstanding of legal principles, the injury suffered by G at the time of the accident was insignificant, and the injury suffered by G was so minor that it cannot be recognized as an injury under the Criminal Act.

At the time of the accident regarding the victim I's injury, the vehicle of the defendant was in low speed, and the victim's vehicle was shocking by driving the defendant's vehicle at low speed, and the injury that the victim I suffered was caused without causation with the defendant's act or minor to the extent that it is difficult to recognize it as an injury under the Criminal Act.

Nevertheless, there is an error of misunderstanding of facts or misunderstanding of legal principles in the judgment of the court below which recognized that the above victims suffered injury.

B. The lower court’s sentence of unreasonable sentencing (fine 15 million won) is too unreasonable.

2. Determination

A. The following facts are acknowledged based on the judgment of the court below and the evidence duly adopted and examined by the court below as to the causation between the injury of 1 I and the defendant's act. In other words, the defendant, in the case of the defendant, i.e., the defendant driving the 2 Cheongi-gu Cheongi-ro Cheongi-ro 2 Cheongi-ro in the state of alcohol 0.15% of his temporary light alcohol concentration at the time and in the state of 0.15% in the Cheongi-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri, the back part of the Dystya police vehicle waiting at the front right side of the defendant vehicle and still stopped before the police vehicle.

arrow