logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.09.28 2017노2759
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (2,00,000 won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the Defendant are recognized, such as the fact that the Defendant led to the confession of the instant crime and reflects the mistake, that the Defendant had no record of criminal punishment so far, and that the distance of the Defendant’s driving was relatively short.

However, the crime of this case is deemed to have driven a car while under the influence of alcohol, in light of the contents of the crime, the liability of the defendant was heavy, the alcohol concentration was high at the time of the defendant's blood, the Korean Criminal Procedure Act, which adopts the trial-oriented principle and the trial-oriented principle, has the unique area of the first deliberation as to the determination of sentencing, and there is no change in the sentencing conditions compared with the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable circumstances of the defendant, which are favorable to the above recognized defendant, do not constitute a change of circumstances that could change the sentence of the court below after the sentence of the court below was sentenced, and there is no other special circumstances that make the conditions of the sentencing as shown in the argument of this case, such as the defendant's age, character, environment, etc., it cannot be deemed unfair for the court below's punishment against the defendant.

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

arrow