logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2021.01.21 2020노490
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the gist of the reasons for appeal, the court below's sentence (one year of imprisonment and two years of suspended execution) is argued to be too unreasonable, and the defendant asserts that the punishment is too unreasonable, and the prosecutor asserts that the punishment is too unfeasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant shows an attitude to recognize and reflect all the crimes; the Defendant’s act of visiting a substitute engineer and moving the vehicle from the underground parking lot to the ground is discovered; the Defendant’s driving distance does not exceed 100 meters; the Defendant again committed the instant crime even if he was sentenced to a fine due to bad drinking for four months; the alcohol concentration in blood was very high by 0.253%; the Defendant was driving a vehicle while the driver’s license was revoked due to the immediately preceding drinking, and the Defendant’s age, sex, environment, the circumstances and details of each of the instant crimes; and the circumstances and the following circumstances cannot be seen as having been found to be unreasonable or unreasonable in light of the following circumstances.

Therefore, the defendant and the prosecutor's argument are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow