logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.11.17 2016노2232
도로교통법위반(음주측정거부)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (4 million won of a fine) is too unreasonable.

2. The circumstances are favorable, such as the fact that the Defendant confessions and reflects the facts constituting an offense, and that the economic situation seems not good.

On the other hand, the defendant's refusal to take a legitimate drinking test by a police officer even though he/she was involved in a traffic accident that is accompanied by physical damage while driving alcohol, and a number of criminal offenses such as being punished by a fine of KRW 700,000 due to a drunk driving in 201 are disadvantageous circumstances.

In addition, considering the overall circumstances, the lower court is deemed to have determined the sentence against the Defendant by taking into account the Defendant’s age, environment, character and conduct, motive of the crime, and circumstances before and after the crime, and considering the various circumstances, which are the conditions of sentencing as shown in the records and pleadings of this case, it is not recognized that the lower court’s punishment 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