logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.09.17 2019노1837
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Determination is a favorable circumstance that the Defendant recognized the instant crime and reflected, and the driving distance is not driving.

On the other hand, it is unfavorable for the defendant to commit the crime of this case since he was sentenced to imprisonment with prison labor for the same kind of driving under the influence of alcohol or driving without a license, since he completed the execution of the sentence, he committed the crime of this case again after he was sentenced to imprisonment with prison labor for the reason of driving without a license, the defendant does not have obtained a driver's license once, the blood alcohol concentration is 0.160%, the blood alcohol concentration is higher than 0.160%, and the drinking driving is a crime that may inflict a significant harm on unspecified persons, and a traffic accident that actually causes a physical damage by the defendant's drinking driving.

There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and in full view of various sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, family relationship, circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow