logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.06.29 2017노950
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. The judgment that the defendant led to a confession and reflect on the crime, and that the defendant disposed of his/her own vehicle, and he/she would not once drive alcohol or drive without a license;

It is recognized that there are different points.

However, the defendant has committed six times each of the crimes of violation of the Road Traffic Act (drinking driving) and violation of the Road Traffic Act (drawing driving) throughout 11 years.

Although the Defendant was sentenced to two times due to the crime of violating the Road Traffic Act in 2014 and 2015, he again committed the instant crime during the repeated crime period.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed as unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition (Provided, That pursuant to Article 25(1) of the Regulation on Criminal Procedure, ex officio is made by adding “Articles 53 and 55(1)3 of the Criminal Procedure Act to “Article 53 and Article 55(1)3 of the Act on the Reduction and Exemption of Small Amount,” to the applicable column of the judgment below.

arrow