logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.06.02 2017노2262
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (crimes Nos. 1, 2, and 5 as indicated in the judgment below: Imprisonment for 8 months, 3, and 4 as indicated in the judgment below: fine of 1.5 million won) is too unreasonable.

2. Determination

A. The fact that the defendant's judgment on the crimes Nos. 3 and 4 of the judgment of the court below is divided and reflected, and that the defendant has no record of punishment exceeding the fine prior to the above crimes is favorable to the defendant.

On the other hand, even though the physical damage suffered by the victim D due to the traffic accident caused by the defendant is not less severe, the damage has not been recovered up to now is disadvantageous to the defendant.

In addition, when considering all of the sentencing conditions in the instant case, such as the age, sexual conduct, environment, health condition, circumstances after the crime, etc. of assault and assault as stated in the judgment of the court below, etc., which have become final and conclusive, the sentence of the court below is too unreasonable.

B. The fact that the defendant's judgment on the crimes Nos. 1, 2, and 5 in the holding of the court below is divided into and against his mistake, and that there is no record of punishment exceeding the fine due to drinking driving and driving without a license prior to each of the above crimes is favorable to the defendant.

On the other hand, the defendant has been punished several times due to drinking or non-licensed driving, and the driver was controlled on September 24, 2016 and caused a traffic accident by driving under drinking or non-licensed driving on January 24, 2017. The defendant committed each of the above crimes during the period of repeated crime due to assault, etc. in the judgment of the court below, and even though physical damage caused by the traffic accident caused by the defendant is not less severe, the defendant did not recover from the damage up to the present day, considering the defendant's age, sexual behavior, environment, health condition, circumstances after the crime, etc., the sentence of the court below is too unreasonable.

arrow