logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2021.01.21 2020노3298
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment with prison labor) is too unreasonable.

2. In determining drinking, it is necessary to strictly punish a person in a very high risk of infringing his/her life and body as well as his/her own.

Even before the instant case, the Defendant had been sentenced to a stay of execution of imprisonment with prison labor for three times or more as a result of driving under the influence of alcohol. Nevertheless, the Defendant was sentenced to a stay of execution of imprisonment with prison labor by a court without prison labor, and the Defendant was under the influence of alcohol concentration of 0.248% during the suspension period, and caused a traffic accident again (the current suspension period of execution has exceeded the current suspension period). In addition, the Defendant was indicted for driving under the influence of alcohol and driving under the influence of alcohol (0.129%) while the location of the Defendant was not identified after the Defendant was charged for driving under the influence of alcohol, and the Defendant committed a second alcohol and driving without obtaining a license for driving under the influence of alcohol (0.129% during the blood transfusion), and the risk of recidivism is determined to have been high.

There was a very high alcohol concentration in blood at the time of each drinking driving, and there is no part to be considered in the circumstances of driving without a license.

Considering these unfavorable circumstances, it is inevitable to severely punish the accused.

However, the defendant shows that he did not wish to punish the defendant for the illegal use of the motor vehicle. However, the victimJ expressed that the defendant did not want to punish the defendant.

In addition, the defendant expressed his wish that the victim F does not want to punish the defendant for a traffic accident when the victim F was involved in the traffic accident.

These circumstances can be considered in light of the circumstances favorable to the defendant.

As above, all the factors of sentencing, such as the motive, background, means and method of each of the crimes in this case, the circumstances before and after the crime, the age of the defendant, sexual conduct and environment, etc., which are shown in the arguments in this case.

arrow