logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.02.07 2017노3545
도로교통법위반(음주운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. According to the records of the judgment on the defendant's appeal, the defendant did not submit the reason for appeal within the submission period of the written reason for appeal (the defendant appealed on the ground that sentencing was unfair on the first trial date of the appellate court).

Although this statement was stated, it cannot be a legitimate ground for appeal due to the assertion even after the lapse of the period for filing the appeal, there is no indication of the grounds for appeal in the petition of appeal, and there is no ground for ex officio investigation even after examining the record.

Therefore, the defendant's appeal shall be dismissed by a ruling in accordance with the main sentence of Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is ruled, the defendant's appeal shall be dismissed by a judgment.

2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unfasible and unfair.

B. Considering the various sentencing conditions shown in the records and arguments of the instant case, the lower court’s punishment is too unfasible and unreasonable, even in light of the circumstances asserted by the prosecutor on the grounds of appeal.

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

arrow