logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.06.11 2018노2200
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant reflects the depth of each of the crimes in this case, that the defendant has no criminal record of imprisonment with prison labor, that there is exemption from considering certain degree of the circumstances of each of the crimes in this case, and that the social relation of the defendant appears obvious.

However, even though the Defendant had been prior to driving of drinking, again committed the crime of driving without obtaining a license for drinking in this case, and driving of drinking is a crime that may cause great harm to unspecified persons, and the risk of causing the Defendant’s physical accident due to driving of drinking in this case is realized. The Defendant’s blood alcohol concentration in the Defendant’s blood at the time of committing the crime in this case is not insignificant to 0.145%, and the Defendant’s age, sex, environment, family relationship, motive for committing the crime, and circumstances after committing the crime, etc., comprehensively considering all other circumstances that are the conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive for committing the crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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.

arrow