beta
(영문) 의정부지방법원 2014.01.22 2013노2434

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. Determination: (a) the Defendant made a statement that his or her family members and persons wish to take care of his or her mistake, (b) the Defendant’s family members and persons wish to take care of and lead the Defendant to actively commit the instant crime; (c) the Defendant’s scrapping of his or her accident vehicle and does not repeat again; (d) the economic situation seems to be sufficient; and (e) the Defendant’s long-term detention seems to entail excessive difficulty to his or her family members; and (e) there are favorable circumstances for the Defendant; (b) however, the instant crime is driven without a license under the influence of 0.247% of alcohol alcohol level; (c) considering the circumstances and contents of the instant crime, it is not easy to criticize the Defendant in light of not only the nature of the instant crime but also the potential risk of causing traffic accidents; (d) the Defendant’s family members and persons wished to take care of his or her previous criminal punishment four times due to drinking driving, etc.; and (e) the Defendant appears to have committed the instant crime without being able to the Defendant’s most favorable punishment of imprisonment and alcohol level (i.).