logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.09.21 2017노2679
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the defendant are acknowledged, such as the confession of the crime of this case by the defendant, the fact that the defendant reflects the wrongness while committing the crime of this case, the social ties between the defendant's family and the defendant's wife, and the fact that the defendant's family and the defendant's family show clear social ties, and the defendant's custody is in a situation where it is difficult for the parents who

However, the crime of this case is deemed to have driven a vehicle under the influence of alcohol twice or more due to the violation of the Road Traffic Act by the defendant's driving of alcohol, in light of the contents of the crime, the responsibility of the crime is heavy, the defendant's degree of alcohol level at the time of the crime was high, the defendant has several records of punishment for the same crime, the defendant's records of punishment are in the same kind of crime in our Criminal Procedure Act, which takes the trial-oriented principle and the principle of direct supervision exist in the area of the first trial and there is no change in the conditions of the sentencing compared with the first trial and the first trial, and the first trial sentencing does not go beyond the reasonable scope of the discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances favorable to the above recognized defendant do not fall under any special change in circumstances that could change the sentence of the court below after the decision of the court below, and it does not seem to be too unreasonable to take into account all the circumstances of the defendant's oral proceedings against the defendant in this case.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the lower judgment’s application of statutes ex officio is heavy.

arrow