logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.01.09 2018노6813
도로교통법위반(음주운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant committed the crime of drunk driving in this case, even though he had been punished five times as a sentence due to drinking driving, and again committed the crime of drinking driving in this case. The drinking driving is a crime that may cause serious harm to an unspecified person, and the social risk of the crime is considerably high. The defendant could have caused an accident due to a salvance in the vehicle during drinking driving, and the blood alcohol concentration of the defendant at the time of the crime in this case is 0.187% and the degree of his alcohol content is 0.187%, which is disadvantageous to the defendant.

However, the fact that the defendant recognizes his mistake and reflects his depth, the fact that he does not repeat the crime by receiving hospital treatment to correct the habit of wrong drinking, etc., the fact that he does not cause a traffic accident separately, and the fact that he does not support the mother's child, etc. are favorable to the defendant.

In addition, comprehensively taking into account all other circumstances, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the lower court’s punishment is too heavy or is not unreasonable as it is so unreasonable. Therefore, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow