logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.09.23 2015노3748
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. In light of the fact that the defendant was punished for the same kind of crime in the past, as well as the fact that the defendant has repeatedly committed the same kind of crime during the period of probation (However, the period of probation is limited). The current Road Traffic Act provides that more severe punishment should be imposed in cases where a person who violated the prohibition provision on drinking driving twice or more in order to prevent driving under the Road Traffic Act from undermining the safety of the road traffic and to realize awareness about it, and that the blood alcohol level is not relatively higher than 0.059%, and that there is a family member to be supported, that there is no good health, etc., the defendant has been punished for the same kind of crime in the past, and that the defendant repeats the driver's license for the same kind of crime during the period of probation (However, the period of probation is limited). The current Road Traffic Act provides that the person who has violated the prohibition provision on drinking under the influence of alcohol driving should be punished again, in consideration of the circumstances favorable to the defendant after he was sentenced to imprisonment with prison labor, and there is no reason to punish the defendant's age and circumstances.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

arrow