logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.12.10 2020노2096
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) imposed by the lower court is too unreasonable.

2. Determination that each of the instant crimes committed by the Defendant did not lead to a traffic accident, and that the Defendant’s fault was seriously against his fault may be considered as favorable circumstances to the Defendant.

However, even though there have been a number of traffic crimes, and there have been three times since 2011, which were punished for drunk driving (two times a fine and one time a suspended sentence of imprisonment with prison labor), the defendant again committed each of the crimes of this case.

The Defendant continued to commit each of the instant crimes, and the blood alcohol concentration level is very high at the time of each of the instant crimes.

As above, the lower court appears to have determined the punishment within the reasonable scope of discretion by fully taking into account the favorable or unfavorable circumstances to the Defendant, and there is no special change in circumstances that could change the sentencing after the lower judgment.

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and criminal records, various sentencing conditions shown in the records and arguments of this case, it does not seem that the sentence of the court below against the defendant is too unreasonable.

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

arrow