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Cases
2017No3916 Violation of the Road Traffic Act (driving) and the Road Traffic Act (Non-license)
(Operation)
Defendant
A
Appellant
Defendant
Prosecutor
Park No-san (Public Prosecution) and a trial in the jurisdiction thereof.
The judgment below
Seoul Central District Court Decision 2017 Height5894 Decided October 18, 2017
Imposition of Judgment
January 25, 2018
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
The punishment sentenced by the court below (two years of suspended execution in six months of imprisonment, two years of community service order, 120 hours of community service) is too unreasonable.
2. Determination
The Defendant committed the instant crime even if he/she had the record of being punished by a fine of KRW 1.5 million on May 27, 2013, a fine of KRW 4 million on March 22, 2016, and a crime of violation of the Road Traffic Act (unlicensed Driving) as a crime of violation of the Road Traffic Act (driving). However, the Defendant committed the instant crime on October 10, 2016, and the blood alcohol concentration of KRW 0.140% is considerably high, which are disadvantageous to the Defendant.
However, the fact that the defendant is recognized as committing the crime of this case and is against the law, and that there is no record of punishment more than three times of suspension of the execution of the fine, etc. are favorable to the defendant.
In addition, considering the following circumstances, there is no change in special circumstances to change the sentence of the court below after the sentence of the court below, and the defendant's age, environment, character and conduct, motive of crime, and circumstances before and after the crime was committed, the sentence of the court below cannot be deemed to be unfair because the sentence of the court below is too unreasonable. Thus, the defendant's assertion is not acceptable.
3. Conclusion
Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
Judges
The presiding judge, senior judge and senior judge
Judges Park Jong-ho
Judges Lee Jae-in