logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.02.20 2019노80
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (eight months of imprisonment) is too unreasonable.

The legal scenario argument was withdrawn. B.

The above-mentioned sentence imposed by the court below on the defendant is too unfortunate and unfair.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

It is recognized that the defendant recognizes his mistake and reflects, that there is an agreement with the victim, that there is a family member to support, that the degree of injury of the victim is relatively less severe, and that there is no criminal conviction.

However, the crime of this case was committed by the Defendant while driving under the influence of normal driving under the influence of alcohol and causing the traffic accident of this case to inflict bodily injury on the victim. It is also recognized that the crime of this case was committed under the influence of alcohol and the alcohol concentration of the Defendant was 0.199% high at the time of this case.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow