logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.07.19 2016노1455
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. In light of the fact that the Defendant was driving under the influence of alcohol level of 0.218% while blood transfusion, committed a repeated crime due to the same kind of crime, and the Defendant was punished several times for the same kind of crime. Among them, even though having been sentenced to imprisonment and served two times, it is inevitable to sentence the Defendant to a sentence of imprisonment.

In addition to these circumstances, it is not recognized that the sentence of one-year imprisonment, which is the maximum statutory penalty imposed by the court below, is too unreasonable, in full view of various circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, and circumstances after the crime.

Therefore, the defendant's appeal is without merit.

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

arrow