beta
(영문) 서울고등법원 2013.10.10 2013노2505

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the circumstances against the defendant in light of the gist of the grounds for appeal, the punishment (5 million won of fine) imposed by the court below is too unreasonable.

2. The judgment of the court below is not unfair in light of the following circumstances: (a) the defendant recognized the crime of this case as a result of his mistake, (b) the defendant was under the influence of alcohol and deducted the vehicle from the vehicle while being under the influence of alcohol; (c) the defendant committed the crime of this case; (d) the distance of the defendant's driving is merely one meter; and (e) the crime of this case was driving a vehicle under the influence of alcohol; (e) the defendant was under the influence of alcohol level of 0.2% at the time of the crime of this case; and (e) the defendant was under the influence of alcohol; and (e) the defendant was under the influence of the vehicle after drinking; and (e) the motive and background leading up to the drinking alcohol driving; (e) the process until the defendant arrived at the scene of the crime of this case; (e) the defendant's age, character and behavior, environment, family relationship after the crime of this case was committed.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as there is no ground to appeal.