logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.05.25 2017노1404
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (six months of imprisonment) so long as it is too unreasonable, and the prosecutor appealed from the lower court’s punishment so far as it is too unfasible and unfair.

2. The fact that the defendant's mistake is recognized and reflected, and that the defendant's health is not good is favorable to the defendant.

On the other hand, the defendant has been punished four times as a crime of violating the Road Traffic Act (drinking driving), and the defendant has been punished twice as a crime of violating the Road Traffic Act (drawing driving without a license), and the second crime of violation of the Road Traffic Act (drawing without a license) was sentenced simultaneously with the third crime of violation of the Road Traffic Act (doning without a license).

Although the defendant was in a probation period due to a violation of the Road Traffic Act (drinking driving), the fact that the crime of this case was committed, the defendant's drinking value is not low, and that the defendant escaped about about 40 km to avoid drinking measurement is disadvantageous to the defendant.

In addition, the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances revealed in the instant pleadings are not deemed to be too heavy or unreasonable since the lower court’s punishment is too heavy, and thus, the Defendant and the Prosecutor’s assertion are rejected.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

arrow