logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.10.24 2017노569
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to eight million won) is too unreasonable.

2. The favorable circumstance is that the Defendant recognized the instant crime and reflects it.

However, even though the Defendant had been sentenced to a fine of two times due to drinking driving (a fine of one million won in 2009, a fine of seven million won in 2014), the Defendant committed the instant crime of driving drinking again even though he had a lot of criminal records of the transferred and the same kind.

The alcohol level (0.170% of alcohol concentration in blood) at the time of crime is also high.

In full view of the above circumstances and other conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, background leading to the commission of the crime, circumstances after the commission of the crime, etc., and the fact that it is reasonable to respect the sentencing of the first instance court where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., the lower court’s punishment is too unreasonable.

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