logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.10.18 2018노2747
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (50 million won) pronounced by the lower court on the gist of the grounds of appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). In light of the circumstances favorable to the Defendant, the lower court determined a punishment by reducing the fine amount of the summary order (70 million won) in consideration of the circumstances favorable to the Defendant, and there is no new change in circumstances that could change the sentence of the lower court in the trial.

In addition, when comprehensively taking into account the following factors, such as the defendant's age, living environment (beneficiary of basic living), health status (e.g., disability Grade 6), and criminal records (the record of punishment twice a fine due to drinking driving), the sentence imposed by the court below was conducted within the reasonable scope of discretion, and is not hot.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow