logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.07.20 2017노1151
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. There are extenuating circumstances, such as the fact that the accused recognizes and reflects criminal facts, and that he/she is endeavoring not to repeat a crime, such as receiving a medical treatment for alcohol alcohol, etc.

However, the Defendant had been sentenced to two times of punishment due to drinking driving (one time of punishment and one time of punishment), and in particular, on July 9, 2015, he was sentenced to six months by the Changwon District Court for a crime of violation of the Act on the Punishment of Drinking, Unlicensed Driving and Violences, etc. (a group, deadly weapons, etc.) and completed the execution thereof, and was sentenced to a fine of five million won (5 million won) during the period of repeated crime, but he was sentenced to a prior disposition of a fine of 16 days thereafter; the Defendant committed the instant crime; the wife type of the instant case was sentenced to imprisonment for one to three years; the lower court sentenced to six months of imprisonment with prison labor for a reduced amount; the lower court did not have any special relation or change of circumstances that may be newly considered in the trial; and the Defendant’s age, environment, motive for committing the instant crime, and circumstances before and after the instant crime cannot be deemed to have been too unfair.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow