logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.11.15 2018노1801
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment, two years of suspended execution, observation of protection, and 120 hours of community service) is too unfasible and unfair.

2. The fact that the defendant, even though he/she was punished several times for the same crime, once again commits the crime of drinking in this case is disadvantageous.

On the other hand, there are favorable circumstances such as the fact that the defendant's mistake is recognized and against the defendant, and that the defendant has no record of punishment in excess of the suspended sentence of imprisonment.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

arrow