logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.08.22 2013노1004
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of the original judgment (one year and six months of imprisonment and three years of suspended execution, probation, community service, 200 hours, and 40 hours of compliance driving) is too unfunied and unreasonable;

2. The judgment of the court below is recognized as circumstances such as the fact that the defendant had been punished several times for the same kind of crime such as drinking driving, etc., the defendant's drinking level is considerably high at 0.234%, and the defendant's driving without a driver's license causes a traffic accident while driving in a drinking state without a driver's license. However, the defendant's wrong behavior while committing the crime; the defendant has no record of being sentenced to imprisonment or heavier punishment only for drinking or driving without a driver's license; the defendant agreed with the victims of the traffic accident; the vehicle operated by the defendant is covered by the comprehensive insurance; the defendant's vehicle is covered by the comprehensive insurance; the defendant's health conditions are not good due to illness, etc.; the defendant's wife's age, character and behavior, occupation and environment; the circumstances and result of the crime; and the circumstances after the crime, etc., it cannot be deemed that the sentence of the court below is proper and too unjustifiable.

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

arrow