logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.07.11 2019노784
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, suspended execution for two years, and ordered to attend a law-abiding lecture for forty hours) of the court below is too unreasonable.

2. In order to protect a large number of decent drivers and pedestrians due to frequent occurrence of traffic accidents caused by judgment driving, it is necessary to strictly punish driving under the influence of alcohol in order to protect a large number of decent drivers and pedestrians.

Considering the fact that the defendant had a history of criminal punishment twice due to drinking driving, even though he had already been subject to criminal punishment, the criminal liability is not somewhat weak.

However, the defendant is guilty and is against the law.

The Defendant appears to have committed the instant crime in the course of parking a vehicle in which he/she finds that it obstructs the flow of traffic by his/her own parked vehicle and that it does not interfere with the traffic flow, and there are some circumstances to consider the circumstances leading to the instant crime.

The distance of the defendant's driving is shorter.

The defendant sells a vehicle and again does not drive a vehicle again.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, family relationship, motive for committing an offense, and circumstances after committing an offense, the lower court’s punishment against the Defendant cannot be deemed to be excessively heavy beyond the scope of reasonable discretion.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow