(영문) 창원지방법원 2017.11.23 2017노2491 | 리걸엔진

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(영문) 창원지방법원 2017.11.23 2017노2491

특정범죄가중처벌등에관한법률위반(도주치상)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. The fact that the Defendant recognized and reflected the instant crime, that there was an agreement with the victim of the traffic accident, and that the Defendant would not repeat the said vehicle at the time of the instant case;

There are circumstances that can be considered for the defendant, such as the fact that the defendant's wife is different, that the defendant's wife is not healthy with the captain's horse.

However, the defendant has been punished for six times due to drinking, driving without a license (three times a punishment, two times a suspended sentence, and one time a suspended sentence), and in particular, on January 15, 2016, he/she was sentenced to six months of imprisonment for driving under the influence of alcohol.

7. 14. In light of the fact that the Defendant committed the instant crime of the same kind during the period of repeated crime after the completion of the enforcement of the sentence on 14.14. The Defendant’s blood alcohol concentration at 0.188% higher than that of the Defendant’s blood, and the Defendant’s escape without taking any particular measure to cause a traffic accident at the time, and the quality of the crime is not less than that of the crime. Furthermore, in light of the fact that the Defendant operated the vehicle without a driver’s license until the day after the cancellation of the sentence on 2005 and committed several crimes including the instant crime, it is inevitable to sentence sentence to the Defendant.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, etc., and the sentencing conditions specified in the instant records and pleadings, the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

유사 판례

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