logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.08.10 2017노911
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the sentence of two years of suspended execution in the imprisonment of eight months, community service 160 hours, compliance driving lectures of forty hours) is too unreasonable.

2. However, it is recognized that the Defendant’s mistake is divided and reflected, and that the instant crime did not lead to a traffic accident.

However, despite the fact that the defendant had already been punished four times due to the violation of the Road Traffic Act (drinking driving), there is a high degree of criticism in that he driving a vehicle in the state of drinking 0.162% of alcohol level in the blood transfusion of the vehicle again.

In full view of the above circumstances and other conditions of sentencing as shown in the records and arguments, including the character and conduct, the environment, and the circumstances after the commission of the crime, and the circumstances where there is no change in the conditions of sentencing compared to 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 them (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), etc., the lower court’s punishment is too unreasonable.

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

arrow