(영문) 창원지방법원 2017.11.02 2017노2536 | 리걸엔진

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(영문) 창원지방법원 2017.11.02 2017노2536

도로교통법위반(음주운전)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. There are extenuating circumstances such as the fact that the Defendant acknowledges and reflects the crime, the fact that the Defendant scrapped the vehicle driven by the Defendant, the fact that the Defendant moves his place of residence to a close place to the office to prevent the Defendant from driving, and that the family and branch members of the Defendant want to leave the front place.

On the other hand, the Defendant had been sentenced to a fine on four occasions due to driving under drinking, a fine on one occasion due to driving without a license, a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and a driving without a license, etc. on one occasion due to a driving without a license, and the Defendant was sentenced to a punishment on one occasion due to a driving without a license, a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and a driving without a license on June 5, 2016. The Defendant was sentenced to a punishment on eight months due to a driving without a license, and was released on June 6, 2017 during the repeated period. In particular, in the case of driving without a license on drinking and without a license on one occasion, the Defendant had a considerable number of criminal convictions against the Defendant, such as passing another vehicle in the tunnel at a speed of 170 to 200km.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, and various conditions of sentencing as shown in the instant records and pleadings, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. As such, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-교통사고처리 특례법

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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