logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.01.25 2016노4559
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is a favorable condition that the defendant properly recognized and reflected his mistake, that the defendant's blood alcohol concentration (0.067%) was not high at the time of committing the crime of drinking alcohol in this case, and that the crime in this case did not lead to a traffic accident.

On the other hand, the Defendant was sentenced to a fine on three occasions in the past 2007, 2008, and 201 on three occasions due to a crime such as drinking, etc., and was sentenced to a suspended sentence for eight months due to drinking driving in 2013. Nevertheless, the Defendant committed the instant drinking crime without being among the persons and committed it.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the sentence imposed by the lower court is too unreasonable, and thus, 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 the defendant's appeal is without merit. It is so decided as per Disposition.

arrow