logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.09.21 2017노1746
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the imprisonment of eight months and the suspension of execution of two years) is too unhued and unfair.

2. There is a disadvantage to the Defendant, such as the fact that the Defendant was sentenced to one time a fine due to a violation of the Road Traffic Act, a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., one time a suspended sentence, or four times a fine due to drinking driving, and the Defendant’s blood alcohol concentration in the blood was considerably high by 0.190% at the time;

However, in full view of the following circumstances: (a) the Defendant recognized the offense; (b) the Defendant did not have the record of criminal punishment exceeding a fine for about twenty (20) years after around 1998; (c) there was a family member to support the Defendant; and (d) other circumstances that are conditions for sentencing specified in the records and arguments of this case, including the Defendant’s age, environment, sex, circumstances before and after the commission of the offense; and (e) the punishment imposed by the lower court is somewhat weak

Even if it is not so unfair that it should be destroyed.

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

arrow