logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.05.13 2014노2885
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fines 8,00,000) is too unhued and unreasonable.

2. In light of the fact that the accused was punished four times for the violation of the Road Traffic Act (driving without a license) and three times for the violation of the Road Traffic Act (driving without a license), the accused was sentenced to a suspended sentence of ten months for the violation of the Road Traffic Act on February 1, 2013, and in particular, even if he was sentenced to a suspended sentence of two years for the violation of the Road Traffic Act on February 1, 2013, the accused was again punished for the violation of the Road Traffic Act during the suspended sentence.

However, in full view of the following facts: (a) the Defendant’s mistake was divided in depth, and again, the Defendant would not commit such a crime; (b) the blood alcohol concentration (0.084%) is relatively high; (c) the Defendant’s crime in this case was controlled by driving on the day following drinking; (d) there are circumstances to take into account the circumstances of the crime; (b) the instant crime was committed; (c) there was no serious injury due to the failure to lead to an accident; (d) there was no criminal history beyond the suspension of execution; and (d) there was no other criminal history beyond the suspension of execution; and (e) other sentencing conditions as indicated in the instant records and arguments, such as the Defendant’s age, environment, occupation, family relationship, health status, economic situation, and the circumstances after the crime, etc., the lower court’s sentence against the Defendant is too unjustifiable and unreasonable.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

arrow