beta
(영문) 서울동부지방법원 2016.03.24 2015노1192

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unreasonable.

2. There are extenuating circumstances, such as the fact that the Defendant’s judgment on the grounds for appeal is an apartment security guard around July 2015, and the wife maintains his livelihood and the Defendant’s husband and wife is receiving a personal rehabilitation, and it is difficult to find employment for the Defendant due to a brupt disease.

However, upon examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, circumstance after the crime, etc., the sentence imposed by the lower court is appropriate and it does not seem that the amount of the sentence is unreasonable.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

참조조문