beta
(영문) 서울동부지방법원 2019.10.25 2019노301

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the lower court’s punishment (two years of suspended sentence for six months of imprisonment, one hundred and twenty hours of community service, and forty hours of attending a compliance driving lecture) is too unreasonable.

2. In full view of the grounds for sentencing indicated in the arguments and records of the instant case, including the fact that the Defendant had been sentenced to a fine due to drinking driving two times, the lower court appears to have been reasonably determined by fully considering all the circumstances, including the various sentencing grounds asserted by the Defendant, and no special circumstance exists to the extent that the lower court’s punishment is to be changed.

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.