logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2018.01.25 2017노556
도로교통법위반(음주측정거부)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The court below dismissed the prosecution on the charge of violence and sentenced the conviction on the remaining crimes. The defendant and the prosecutor appealed only on the guilty part for the reason that the sentencing was unfair, so the scope of the trial of this court is limited to the conviction of the court below.

2. Summary of reasons for appeal;

A. Defendant: The sentence of the lower court (6 months of imprisonment, 40 hours of order to complete a child abuse treatment program) is too heavy.

B. Prosecutor: The sentence of the lower court is too minor.

3. The judgment defendant recognized all of the instant crimes and agreed with the victim I.

There is no criminal offense beyond a fine against the defendant.

The defendant suffers from mental illness, such as alcohol addiction, and also caused the crime.

On the other hand, the defendant has been punished three times due to drinking driving, and there is a history of being sent as a home protection case, and the crime of repeating acts such as abusiveism or drinking booming, or creating a blank atmosphere under the influence of alcohol, in the case of a violation of the Child Uniforms Act.

In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant argument after the crime was committed, it is difficult to view that the lower court’s punishment is too heavy or unreasonable.

4. In conclusion, the appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals filed by the Defendant and the prosecutor are without merit. It is so decided

arrow