(영문) 수원지방법원 2017.12.22 2017노6685 | 리걸엔진

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(영문) 수원지방법원 2017.12.22 2017노6685

도로교통법위반(음주운전)등

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The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (ten months of imprisonment, two years of suspended sentence, 80 hours of community service order, and 40 hours of compliance driving instruction) is too uneasy and unreasonable.

2. In light of the circumstances favorable to the Defendant, the lower court considered that: (a) the Defendant committed the instant crime under Article 2(2) of the lower court’s judgment; (b) the Defendant committed the instant crime in depth; (c) there was no personal and material damage due to each of the instant crimes; (d) the Defendant was not subject to criminal punishment due to drinking or driving without a license from around 2010 to the day before each of the instant crimes; and (c) there was a family member to support; (d) under unfavorable circumstances; (e) the Defendant was not subject to criminal punishment due to each of the instant crimes; (e) the Defendant committed the instant crime under Article 1(1) of the lower judgment; (e) the Defendant was charged with drinking or driving without a license, including the record of punishment written on the record of the instant crime; and (e) the Defendant was punished several times by a fine of KRW 3 million due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in around 2014; and (e) the Defendant’s record, circumstances, experience, and circumstances, and results of the Defendant’s punishment.

The sentencing of the lower court appears to have been conducted within the reasonable scope by fully taking into account the above conditions of the sentencing, and there is no special change in circumstances that may be assessed differently from the sentencing conditions of the lower court until the appellate court was in the trial, and thus, it is not recognized that the sentence of the lower court is too uneasible and unfair

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

참조조문

-교통사고처리 특례법

유사 판례

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