logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.04.07 2016노27
도로교통법위반(무면허운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant is too unaffortable because of the punishment sentenced by the court below (ten months of imprisonment), and that the prosecutor is too unaffortable and unfair.

2. Determination of the Defendant repeated each of the instant crimes during the period of probation due to driving without a license for drinking, etc. even after being punished four times or more including the suspension of the execution due to refusal to drive under drinking or to measure drinking. In particular, when the Defendant was found to have been aware by driving without a license for drinking in the crime on September 21, 2015, the Defendant attempted to conceal the facts of crime by stealing the personal information of the same student and attempted to conceal it.

However, it is advantageous to the following: (a) the Defendant’s mistake is seriously against the Defendant; (b) disposed of the vehicle owned by the Defendant, which was operated at the time of each of the instant crimes; (c) voluntarily reported on the mold only in which the personal information of his/her birth was stolen; (d) the alcohol concentration in blood during drinking was not higher than 0.058% at the time of driving; and (e) there was no record of having been sentenced to punishment.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, motive, and circumstance before and after the commission of the crime, etc., the sentence imposed by the lower court is too heavy or is deemed unreasonable as it is too low, and thus, the argument that the sentencing of the Defendant and the Prosecutor is unfair is rejected.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

arrow