beta
(영문) 수원지방법원 2012.11.15 2012노3508

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. Although the court below's decision on the defendant's assertion of unfair sentencing is taking into account that the defendant's mistake reflects his own mistake, the court below reduced the fine amount of the summary order in consideration of this point, and does not seem to have any reason to reduce the additional fine in the court below. The defendant's blood alcohol concentration at the time of the crime of this case was considerably high, and the defendant's crime of violation of the Road Traffic Act due to drunk driving between 0.1% and 0.2% of blood alcohol concentration at the time of the crime of this case was committed, and the crime of violation of the Road Traffic Act due to the statutory punishment is the maximum punishment possible until the sentence is reduced by imprisonment with prison labor for not less than 6 months but not more than 3 million won and not more than 5 million won, and in addition, considering all the records and arguments of this case such as the age, character, family environment, and motive, means, method and result of the crime of this case, before and after the crime of this case, the court below's punishment is inappropriate and unfair.

2. 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.