beta
(영문) 수원지방법원 2017.11.22 2017노5585

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. In light of the fact that the defendant again committed the crime of drinking in this case even though he had two previous convictions, strict punishment corresponding thereto is required.

However, the defendant's mistake is divided, and the defendant will not drive drinking in the future.

In light of the following: (a) the Defendant’s two-time criminal records and one-time criminal records other than the above two-time criminal records; (b) the Defendant’s three-time criminal records have no particular criminal records; (c) the Defendant’s three-time criminal records are both punished by a fine and before 2010; and (d) the Defendant’s age, sex and environment, motive, means and consequence of the crime; and (e) other factors of sentencing as indicated in the instant pleadings, such as the circumstances after the crime, are too uneasible and unfair, the Prosecutor’s assertion is

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