도로교통법위반(음주운전),도로교통법위반(무면허운·전)
2012No129 Violation of the Road Traffic Act (driving) and the Road Traffic Act (Non-licensed driving)
2)
A
Defendant
He/she shall file prosecutions, transfer his/her duties to another court.
Attorney Park 000 (National Election)
Daegu District Court Decision 2012Gohap5 Decided February 23, 2012
May 17, 2012
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
The sentence of the court below is too unreasonable.
2. Determination
The Defendant is going to repent in depth, reflect, and refrain from driving under the influence of alcohol again. There is a family member who is responsible for supporting the Defendant, and his family members and those who want to take the top of the person under the influence of alcohol. At the time of the crime, the blood alcohol concentration level is 0.057% higher at the time of the crime.
Such circumstances are favorable to the defendant.
However, the defendant has been punished several times for the same kind of crime, such as drinking driving.
The suspension of the sentence of imprisonment with prison labor due to the crime of the previous and unlicensed driving shall be suspended;
The instant crime was committed in the middle and without being aware of it. After committing the crime, the risk was found in light of the circumstances in which the locker was exposed to the signal in the atmosphere on the road. In light of this, there is a need to punish the Defendant.
In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentencing of the lower court is not deemed to be unfair because it is too big.
3. Conclusion
Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.
Jin only (Presiding Judge)
The number of refined trees
100 Ma30