logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.12.22 2016노2575
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (the imprisonment of eight months, the suspension of the execution of two years, and the participation in the compliance driving lecture) is too uncomfortable and unfair.

2. At the time of the instant crime, the Defendant committed the instant crime with a high blood alcohol level of 0.18%, and the Defendant, while driving under the influence of alcohol and without a license, caused an accident of shocking the road’s seat by harming the central line, which led to a fine of 70,000 won due to a drunk driving in 2008, a fine of 2.5 million won due to a drunk driving in 2010, a fine of 2.5 million won due to a drunk driving in 2010, a fine of 5 million won due to a drunk driving in 201, and a fine of 5 million won due to a drunk driving in 2015, even if he/she had been punished for a fine of 5 million won due to a drunk driving

However, in full view of the following circumstances: (a) the Defendant led to the confession of the facts constituting an offense; (b) there is no previous conviction exceeding the fine; (c) support for his parents; and and (d) other circumstances that form the conditions for sentencing as shown in the records and pleadings of this case, such as the Defendant’s age, environment, character and conduct, motive for committing an offense; and (d) the circumstances before and after committing an offense, the lower court’

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

arrow