logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.10.10 2019노1723
도로교통법위반(음주측정거부)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. Considering the fact that the accused committed the instant crime again during the period of probation even though he/she had a same criminal record in several times, strict punishment against the accused is required.

However, considering the following factors: (a) the Defendant’s mistake is divided in depth; (b) the vehicle driven by the Defendant is covered by automobile insurance; (c) the balance of sentencing with the same crime; and (d) the Defendant’s age, character and conduct and environment; (b) motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the present argument, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (d) it is deemed that the sentence imposed by the Defendant is too heavy

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow