(영문) 서울서부지방법원 2019.01.24 2018노1225



The defendant's appeal is dismissed.


1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and eight hours of community service order) is too unreasonable.

2. The judgment is that the Defendant driving a vehicle while drinking alcohol and driving it on the house, caused an accident involving pedestrians, and the drinking alcohol level is higher than 0.115%.

In light of the fact that the victim agreed smoothly with the victim, that the defendant did not have any criminal power after the fine due to drinking driving in 2003, and that the defendant's age, environment, etc., the sentencing of the court below cannot be deemed to be unfair because it is too unreasonable.

The defendant's assertion of unfair sentencing is not accepted.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.