beta
(영문) 광주지방법원 2020.11.11 2019노2711

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unreasonable.

2. The judgment defendant shows his attitude to recognize and reflect his criminal act, and there is no record of punishment for the same kind of crime.

The risk of the defendant's driving is not higher than that of the general motor vehicle, and the distance of the defendant's driving is also difficult.

On the other hand, at the time of drunk driving, the blood alcohol concentration (0.180%) of the defendant was very high, and the defendant caused other vehicles parked.

Comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, consequence, and circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.