logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.07.28 2016노943
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable. The punishment (4 million won) imposed by the defendant is too unreasonable.

2. The circumstances are favorable, such as the fact that the defendant made a confession of and reflects on the facts of the crime, the fact that he was punished three times by a fine, and that he did not have any criminal record.

On the other hand, when committing the instant crime, the Defendant’s blood alcohol concentration was very high to 0.185%, and the Defendant brought about a traffic accident that occurred while driving a license without the instant drinking license (Provided, That all the victims of the instant accident agreed with the victim of the instant accident), and the Defendant was punished by a fine of KRW 3.5 million for driving under the influence of alcohol in 2009.

In addition, in full view of the facts that the court below determined the punishment against the defendant by taking into account all the circumstances, and there is no special change in the trial, and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime, it is not recognized that the sentence of the court below is too unreasonable.

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