logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.12.15 2015노2495
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things and make decisions.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, it is recognized that the defendant had drinking alcohol at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the method and method of the crime, and the circumstances after the crime, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things or make decisions. Thus, the above assertion by the defendant is without merit.

B. Determination on the assertion of unfair sentencing is acknowledged as follows: (a) the Defendant led to the instant crime without being aware of the fact that he/she was under the confession of and against the instant crime; (b) the victim’s injury was not serious; (c) the Defendant was sentenced to imprisonment for six months on August 12, 2014 with obstruction of performance of official duties; and (d) on July 31, 2015, on which the suspended sentence was revoked; and (e) the Defendant is living in prison on July 31, 2015; (b) however, there was a past record of criminal punishment (4 times of suspended sentence, two times of fines) several times; (c) the Defendant was subject to criminal punishment for causing a traffic accident while driving under the influence of alcohol at around 206; (d) the period of the instant crime without being aware of the fact that he/she was under the suspension of sentence; (e) the degree of alcohol alcohol content at the time of driving of the instant case was extremely high to 0.210%; and (e.g., circumstances and circumstances before and after the instant crime;

arrow