logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.07.13 2017노214
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there is no change in the conditions of sentencing compared to the first instance court, and where the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance court’s sentencing (Supreme Court Decision 2015Do3260 Decided July 23, 2015). Although the Defendant appears to have committed each of the instant crimes, he/she is deemed to have committed an attitude against the Defendant. Meanwhile, the lower court appears to have determined the Defendant’s punishment in light of the aforementioned circumstances, and there is no change of circumstances that may be considered in sentencing after the sentence, and the Defendant was sentenced to a suspended sentence for one year, a crime of violating the Road Traffic Act (driving) on July 20, 201, and a crime of violating the Road Traffic Act (unlicensed Driving), and even after the judgment became final on July 28, 2016, each of the instant crimes was committed in excess of the reasonable scope of the Defendant’s respective motive and alcohol factors after the instant crime, and each of the instant crimes.

3. In conclusion, 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