(영문) 의정부지방법원 2017.12.19 2017노3041

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(영문) 의정부지방법원 2017.12.19 2017노3041

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. From April 26, 2017 to August 24, 2017, the Defendant repeated the 4-month driving of alcohol and the 5-month driving without a license on the 4-month driving. Of these, the Defendant incurred a traffic accident involving a victim D driving which has been transmitted to the front bank, resulting in an injury to the said victim and the said passenger F.

In 205 and 2017, the Defendant had been punished twice by a fine due to drinking, and even though he/she was pending in the trial due to 2458 Highest 2017 Highest 2458 cases as indicated in the lower judgment, it is difficult for the Defendant to have the intent to improve the character and conduct of drinking driving in light of the fact that the amount of alcohol concentration in each blood is 0.245%, 0.173%, 0.301%, 0.241%, and 0.241% which are repeated on several occasions, and it is necessary to severely punish the Defendant when taking into account such unfavorable circumstances.

On the other hand, the defendant recognized all of the crimes of this case and was punished in excess of the fine.

It seems that the damage caused by the traffic accident is not relatively more severe, and the damage has been restored by the comprehensive motor vehicle insurance that the defendant's driver purchased.

In light of these circumstances, the lower court has determined a sentence by comprehensively taking into account all the conditions of sentencing as shown in the argument of the instant case, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime. The lower court’s sentencing appears to have been conducted within the reasonable scope of discretion, and there is no change in circumstances that could change the sentencing of the lower

Therefore, the punishment sentenced by the court below cannot be deemed to be unfair because it is too large.

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

유사 판례

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