logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.02.20 2018노56
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (unfair sentencing) is that of the lower court’s punishment (eight months of imprisonment) excessively unreasonable.

2. The conclusion that the Defendant recognized his criminal act and reflecteds, there are some reasons for the Defendant to take into account the circumstances leading up to driving alcohol, the Defendant’s blood alcohol concentration is not high, the Defendant’s mother and her mother, and the representative director of the former workplace wanting to take the wife, and the circumstances favorable to the Defendant are as follows.

On the other hand, the crime of this case is not likely to be a crime that the defendant once a driver's license is revoked due to drinking.

The Defendant has been punished three times due to the previous drinking driving and the traffic accident caused by such driving, and the instant crime also occurs during the period of suspension of execution due to the drinking driving, and it is inevitable to sentence a sentence.

In addition, taking into account the various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence is too unreasonable.

3. 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 groundless.

arrow