logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.08.25 2016노272
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (the fine of 3 million won for the crime No. 1 in its holding and the imprisonment of 8 months for the crime No. 2 in its holding) is too unreasonable.

2. Under our criminal litigation law, which takes the trial-oriented principle and the direct principle, there is no change in the conditions of sentencing compared to the first instance court, and where the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The defendant shows an attitude against his/her recognition of each of the instant crimes, and the fact that the defendant has an attitude against his/her recognition of each of the instant crimes, and the fact that equity should be taken into account at the same time with the case of a violation of the Road Traffic Act (driving) in the judgment that became final and conclusive on December 13, 2014.

However, driving of drinking is likely to infringe not only on the driver's life and property, but also on the other person's life and property.

The current Road Traffic Act stipulates that a person who has violated the prohibition clause on drinking more than twice in order to prevent the driving of drinking which threatens the safety of road traffic and to realize the awareness of such violation shall be punished more strictly when he/she drives drinking again.

Although the defendant has a history of criminal punishment on several occasions due to the crime of drinking driving or the crime of driving without a license, he/she repeats drinking.

On May 24, 2012, the crime of drinking and driving without a license under Article 1 is limited to about 2 months from the time when the Jeju District Court was sentenced to a fine of KRW 7 million due to a violation of traffic law (driving) at the Jeju District Court on May 24, 201, and the crime of drinking and driving without a license under Article 2 at the same court on December 5, 2014 is sentenced to imprisonment for a crime of violation of traffic law (driving without a license) at the same court on December 5, 2014.

arrow