logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.09.24 2020노659
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (one year and six months of imprisonment, three years of probation, probation, 120 hours of community service order, 40 hours of order to attend a law-abiding lecture) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Although the Defendant had been punished twice due to drunk driving, he/she inflicted an injury on the victim D and F by causing a traffic accident while driving a motor vehicle in violation of the signal while drinking, even though he/she had a record of being punished twice, and caused a traffic accident, and yet did not reach an agreement with the aforementioned victims, and the blood alcohol concentration at the time of committing the crime was considerably high, etc., are disadvantageous to the Defendant.

However, in full view of the following factors: (a) the Defendant recognized the crime and committed mistake; (b) there is no penalty force exceeding a fine; (c) the Defendant’s vehicle is expected to have been covered by the comprehensive motor vehicle insurance, and considerable damage therefrom; and (d) other factors of sentencing specified in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (c) circumstances after the crime, etc., the lower court’s sentence is too

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

arrow