logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.03.24 2015노1878
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. The circumstances where the defendant recognized the criminal facts of this case and is responsible for the maintenance of his/her family's livelihood are recognized.

However, in full view of the following circumstances, the Defendant’s assertion is not acceptable, since the sentence imposed by the lower court is without merit and the sentence imposed by the Defendant is not unreasonable.

0 The defendant has a record of being punished twice due to drinking.

Furthermore, the crime of this case has been committed again during the suspension period due to drinking driving.

0 The alcohol concentration in blood is very high.

6 months of imprisonment with prison labor sentenced by the original court is the lowest sentence that can be sentenced by reducing the amount by taking into account the favorable circumstances of the defendant as seen earlier.

The judgment below

There is no special circumstance or circumstance that can be newly considered in sentencing after the sentence is sentenced.

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

arrow