logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.10.18 2017노4045
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence for one year of imprisonment, and forty hours of each order to provide community service and to provide compliance driving lectures) is too unreasonable.

2. Even when considering the fact that the Defendant’s judgment reflects the instant crime in depth and supports a bad mother’s health condition, the Defendant had already been punished for driving alcohol without being aware of the fact that the Defendant had already been punished for driving alcohol, prevented driving again, caused traffic accidents, thereby causing injury to the victim, and thus, it is inevitable to punish the Defendant.

In addition, the defendant's blood alcohol concentration is very high at the time of driving one alcohol.

In addition, considering all other circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the court below's punishment is too unlimited and it is deemed unfair. Thus, the defendant's assertion is without merit.

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

arrow