beta
(영문) 수원지방법원 2015.05.22 2014노5565

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fines 7,00,000) is too unreasonable.

2. It is true that there is a favorable sentence condition for the Defendant, such as the fact that the Defendant was aware of all the crimes of this case late at the trial, and that there is no record of criminal punishment. However, considering the fact that the Defendant’s blood alcohol concentration at the time of drunk driving was considerably high as 0.160%, and that he made a statement at an investigative agency to the effect that he committed a crime instead of G, and that he attempted to flee, the crime is very poor in nature and other various circumstances, including the Defendant’s age, character and behavior, environment, family relationship, circumstance after the crime, etc., the lower court’s sentence is too unreasonable. Thus, the Defendant and his defense counsel’s allegation of unfair sentencing is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.