logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2020.11.04 2020노1324
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the lower court (two years of imprisonment) for an appeal is too unreasonable.

2. The lower court determined the sentence by fully taking account of all circumstances that the Defendant already asserted as the grounds for appeal, including the circumstances alleged as the grounds for appeal.

The blood alcohol concentration of this case is very high, and the defendant seems to have been unable to drive normally at the time in light of the circumstances of the accident.

Although the Defendant had had a record of criminal punishment on nine occasions due to drunk driving or unlicensed driving, the Defendant committed the instant crime again.

In particular, on July 17, 2019, the Defendant was sentenced to a two-year suspended sentence of imprisonment at the Jeonju District Court on July 17, 2019 due to drinking driving and unlicensed driving. The Defendant committed the instant crime with the same vehicle operated at the time during the suspended execution period, and the responsibility for the said crime is very heavy.

In addition, even if the court below's punishment is too heavy, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, it does not seem that the court below's punishment is too heavy.

Therefore, the defendant's assertion is not accepted.

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

arrow