logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2014.02.14 2014노66
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unreasonable when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The judgment is favorable given that the defendant's time to commit the instant crime and reflects the fact that the defendant's economic situation is difficult.

However, drinking driving has a high potential risk of causing a traffic accident, and there is a great possibility of criticism that may threaten the life and body of others, and the defendant has been punished several times for the same crime (five times a fine). However, even if he was punished by a fine due to other crimes, the crime of this case was committed at once, and Article 148-2 (1) 1 of the Road Traffic Act provides that the person who has driven a drunk driving twice or more at once drives a motor vehicle under the influence of alcohol shall be punished by imprisonment with prison labor for not less than one year but not more than three years. In full view of the fact that the court below sentenced the minimum applicable punishment in law by reducing the amount of the crime of this case, and all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act including the defendant's age, character and behavior, family environment, etc., it cannot be deemed that the sentence of the court below is too unreasonable. 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 since it is without merit. It is so decided as per Disposition.

arrow