logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.03.14 2012노4104
도로교통법위반(무면허운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of KRW 10 million) declared by the lower court is too unhued and unreasonable.

2. The crime of this case is that the defendant drives without a license under the influence of 0.134% of blood alcohol concentration. The defendant does not seem to have any inevitable circumstance that the defendant should drive under the influence of alcohol at the time. The defendant again drives under the influence of alcohol despite the fact that he had been punished twice due to the crime of violation of the Road Traffic Act (driving). The defendant signed the report on detection of drinking drivers in the name of the defendant's birth to avoid punishment after being investigated by the police, and signed the report on detection of drinking drivers in the name of the defendant's birth to avoid punishment, and the purpose of the revised Road Traffic Act to strengthen the punishment considering the risk of drinking driving and social harm, there is a great need for strict punishment and other circumstances unfavorable to the defendant.

However, in full view of the various circumstances indicated in the pleadings of this case, such as the Defendant’s age, character and conduct, environment, background of the instant crime, and circumstances after the commission of the crime, etc., the lower court’s punishment is not deemed to be unfair because it is too appropriate and too unreasonable, and thus, the Prosecutor’s aforementioned assertion is without merit.

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

arrow