logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.02.13 2019노3028
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The fact that the judgment defendant agreed with the victim and recognized the crime of this case is favorable to the defendant.

On the other hand, the defendant had been punished nine times due to the violation of the Road Traffic Act, and the two times of the imprisonment with prison labor that causes a traffic accident while driving under the influence of alcohol, and thus causing injury to the victims, and the defendant was sentenced to a suspended sentence of imprisonment with prison labor once. The defendant committed the crime of this case even though he was sentenced to a fine by driving under the influence of alcohol after the judgment on the suspended sentence of imprisonment with prison labor was rendered, and the defendant was driving without a driver's license, and inflicted injury on the victims by negligence in violation of the signal. In particular, F inflicted serious injury upon the victim, which requires 32 weeks medical treatment, and the defendant did not appear during the trial of the court below.

In addition, the circumstances of the crime of this case, the circumstances after the crime of this case, the age, character and conduct, environment, etc. of the defendant and the sentencing guidelines for the enactment of the Sentencing Committee.

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of recommendation according to the sentencing guidelines [the decision of types] the general traffic accident [the person who is a special person] the injury of traffic accident [the person who is a special person] - the mitigation element: the mitigation element (including serious efforts to recover damage): In the event of serious injury, the illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious, or in the case of bad driving (excluding the recommended area and recommendation range] in the case of serious injury, the scope of aggravated punishment, eight months to two years (the person who is a general person) of imprisonment without prison labor, etc., the defendant's assertion is without merit, and it is not recognized that the sentence of the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

arrow