서울고등법원 2013.04.19 2013노478



The defendant's appeal is dismissed.


1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. The judgment of this case is that the defendant, who had been already punished three times due to drinking driving, was tried as a fact separate from this case and sentenced to a judgment, and the quality of the crime is not very good. The defendant's blood alcohol concentration at the time of the crime of this case is 0.114% higher, the defendant attempted to escape while refusing to measure drinking, and all other sentencing factors as shown in the arguments of this case, such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and method of the crime, and circumstances before and after the crime, etc., it is not recognized that the sentence of the court below is too unreasonable. Thus, the defendant's assertion 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.