logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.08.19 2019노2129
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (eight months of imprisonment, two years of suspended execution, and two years of education) is too unreasonable;

2. The judgment of the defendant shows the form of recognizing and reflecting the crime, and there is no record of punishment exceeding the fine.

However, the Defendant was driving under the influence of alcohol level of 0.191%, and the blood alcohol level of the Defendant is very high to commit a crime.

In addition, the defendant has been punished twice due to drinking driving, and among them, he has relatively recently been punished in 2017.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means, consequence, etc. as shown in the records and pleadings, the sentence of the lower court is only within the reasonable scope of discretion, and it is difficult to view that it is unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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.

arrow