logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.09.01 2017노4376
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (6 months of imprisonment and fine of 300,000 won) pronounced by the court below on the gist of the grounds of appeal is too unreasonable.

2. The fact that the defendant's mistake is divided and reflected, and that the defendant's health condition is not good is favorable to the defendant.

On the other hand, even though the defendant was sentenced not only to a fine for the same crime but also to a suspended sentence for four times, the defendant committed each of the crimes in this case during the suspended sentence due to the same crime at the same time, and there is a concern that the same crime may be repeated is disadvantageous to the defendant.

In addition, even if all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, motive for the crime, and circumstances after the crime, are comprehensively considered, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion 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