logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.04.14 2017노74
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is unreasonable as it is excessively unreasonable.

2. The circumstances that are favorable to the Defendant are the following: (a) the Defendant’s mistake was divided and reflected, and scrapped the vehicle after the instant crime for the prevention of recidivism; (b) the Defendant appears to have relatively high social relationship; and (c) the driving distance is relatively short.

However, there are records that the defendant has been punished several times for the same crime, and the crime of this case was committed during the period of suspension of execution for the same crime, and the defendant had the record of receiving a summary order of fines by driving without a license even before being sentenced to the above suspension of execution, and the fact that the blood alcohol concentration of the defendant at the time of this case is relatively high, etc. are disadvantageous to the defendant.

When comprehensively considering the above circumstances and the overall sentencing conditions of Article 51 of the Criminal Act, which were revealed in the records and changes of the instant case, the lower court’s punishment is too unreasonable.

The above assertion by the defendant is without merit.

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