logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.07.28 2016노1044
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (six months of imprisonment, two years of suspended execution, and forty hours of compliance driving) is too unreasonable.

2. The circumstances are favorable for the following: (a) a single studio; (b) a defendant led to a confession and reflect on facts constituting an offense; and (c) a distance of drinking driving is about 50 meters; and (d) a person does not cause any other damage, such as a traffic accident;

On the other hand, when committing the instant crime, the Defendant’s blood alcohol concentration was not lowered to 0.097%, and the Defendant was punished for a fine of 1.5 million won in 2006 due to drinking or driving without a license, a fine of 1.5 million won in 2007, a fine of 1.5 million won in 2009, a fine of 1 million won in 2009, and a fine of 6 million won in 2015.

On the other hand, the Defendant driven inevitably due to the Defendant’s demand that the vehicle be placed in a large range of 50 meters away from the place where the vehicle was parked on the side of the substitute driver.

However, in light of the fact that the distance between the main road and the parked place where the vehicle is requested to move, as seen above, seems to have been able to move the substitute driver to the parked place at a short distance from the outside and outside of 50 meters, the vehicle was inevitably driven at the time of the instant case on the sole basis that the Defendant asserts.

It is also difficult to see it.

In addition, considering the overall circumstances, the lower court’s punishment against the Defendant is deemed to have been determined by taking into account various circumstances, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, the lower court’s punishment is not deemed to be unfair because it is too unreasonable for the lower court to have imposed punishment.

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

arrow