logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.09.05 2019노1759
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment in consideration of not only five times of drinking driving and three times of licenseless driving, but also the fact that the Defendant committed each of the instant crimes without being aware of the fact that he/she committed the instant crime during the period of suspension of execution due to the instant crime, and the blood alcohol concentration (0.115%) and there are no new circumstances that may change the sentence of the lower court in the trial.

In addition, comprehensively taking into account various sentencing conditions, such as the Defendant’s age, character and conduct, the method and circumstances of the crime, and the circumstances after the crime, as shown in the arguments of the court below and the political party, the sentence imposed by the court below is conducted within the reasonable scope of discretion, and is not hot or minor.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow