beta
(영문) 창원지방법원 2013.06.21 2013노656

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

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

2. Although there are circumstances that may be considered in light of the circumstances, such as the confession of the Defendant to commit the instant crime, the fact that there is a family member to support the Defendant, the agreement with the victim, etc., the Defendant has the history of punishment for the same kind of crime, the degree of injury to the victim is not somewhat minor, in full view of the balance between other similar cases and the sentencing, other conditions of sentencing such as the Defendant’s age, character and behavior, character and environment, motive and circumstance of the instant crime, circumstances after the instant crime, etc., the lower court’s punishment cannot be deemed to be too unreasonable. Therefore, the above argument by the Defendant is without merit.

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