logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2013.04.25 2013노66
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The Defendant recognized all of the crimes and repented of the mistake.

In the future, it will not be allowed to drive under the influence of alcohol or without a license.

There are two children, who are responsible for supporting the accused and the wife, and two children.

Such circumstances are favorable to the defendant.

However, prior to the instant crime, the Defendant was punished by a fine, etc. on seven occasions due to the crime of drunk driving and unlicensed driving, and in particular, on June 23, 201, the Defendant committed the instant crime during the period of suspension of execution, even though he was sentenced to a suspended sentence of two years for six months due to the crime without a license.

The blood alcohol concentration level at the time of the drinking driving of this case is 0.202% high.

In light of these circumstances, it is necessary to strictly punish the defendant.

In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the sentencing of the lower court is not deemed to be unfair because the sentencing of the lower court is too unreasonable.

3. 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.

arrow