beta
(영문) 의정부지방법원 2015.09.04 2015노679

도로교통법위반(음주운전)

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the Defendant (ten months of imprisonment, two years of suspended execution, two years of probation, and 80 hours of compliance driving) is too unreasonable.

B. The above sentence imposed by the public prosecutor by the court below is too unfortunate and unfair.

2. We examine both the judgment and the prosecutor’s allegation of unreasonable sentencing.

The fact that the defendant has been punished for the same kind of drinking driving, and the fact that the drinking driving as stated in paragraph (1) of the judgment is not discovered and it is highly likely to criticize the drinking driving as stated in paragraph (2) of the judgment, and the fact that the traffic accident occurred due to the drinking driving of the case, etc. is recognized as an unfavorable condition against the defendant.

On the other hand, however, the fact that the defendant does not repeat the crime of this case while recognizing the crime of this case, there is no criminal history exceeding the suspended sentence due to the same drinking driving, and that the defendant supports the wife and his child as the most favorable condition for the defendant is recognized.

In full view of the above circumstances and other circumstances, such as the defendant's age, character and conduct, intelligence and environment, motive and background of the crime of this case, circumstances after the crime of this case, family relations, criminal records, and economic circumstances, the sentence imposed by the court below is deemed to be too heavy or unreasonable, and thus, the defendant's assertion is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.