logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.01.28 2015노3253
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 (the imprisonment of eight months) is too unreasonable.

2. Determination

A. The defendant led to the confession and reflect of each of the crimes of this case, the driving of a studio, which is not a car under the influence of alcohol, the fact that the defendant agreed with the victim of the traffic accident, and that the defendant will not repeat the crime.

It is recognized that there are many other things.

B. However, the Defendant had a record of criminal punishment for the same crime (one time of actual punishment, two times of suspended execution, and two times of fine), was sentenced to imprisonment for one year, one year of suspended execution, two years of suspended execution, and two years of imprisonment for a crime of violating the Road Traffic Act (driving of Drinking) on June 15, 2012. On July 9, 2013, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving of Drinking), and was under suspension of execution for six months, and was under suspension of execution and life, and was under repeated life again during the period of repeated crime. The Defendant’s alcohol concentration in the blood at the time of driving of the instant case is very high at 0.214%, and in full view of the Defendant’s age, sex, environment, motive and background leading to the instant crime, circumstances before and after the instant crime, and all other factors of sentencing as indicated in the arguments, the lower court’s sentence cannot be determined to be too unfair.

(c)

Therefore, the defendant's above 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