logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2014.03.28 2014노73
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (five months of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the Defendant are that the Defendant recognized all of the instant crimes, and the fact that the instant vehicle is scrapped and the Defendant again does not drive alcohol and without obtaining a license, etc. are favorable to the Defendant.

However, considering the fact that the Defendant had been punished several times for the same crime, in particular, the Defendant committed the instant crime on May 2, 2013 even though he was sentenced to imprisonment for 6 months and 2 years of suspended execution due to the violation of the Road Traffic Act on May 2, 2013, and the fact that the blood alcohol level at the time of the instant drunk driving was high, it is highly necessary to strictly regulate not only the Defendant but also the crime that may cause serious damage to another person’s life, body, and property. Considering the various sentencing conditions indicated in the record, considering the Defendant’s age, character and behavior, family relationship, the background and motive of the crime, and the circumstances after the crime, the lower court’s punishment is too unreasonable even considering the circumstances asserted by the Defendant.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow