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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2018.06.01 2017노2558
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not request the hospital to collect blood or consent to collect blood after the occurrence of the instant case.

It is unlawful to use the proved blood as evidence to support the facts charged against the defendant's will.

B. The sentence of the lower court that is unfair in sentencing (an amount of four million won) is too unreasonable.

2. According to each investigation report on August 19, 2017 (Evidence Record 40-43 pages), the Defendant’s consent to blood collection at F hospital on the day of the instant case, based on the consent to, and confirmation of (Evidence Record 12 pages), video CDs (Evidence Record 44 pages), and each investigation report on August 19, 2017 (Evidence Record 40-43 pages).

The above assertion by the defendant is without merit.

3. Although there is no record of criminal punishment for the defendant's wrongful argument of sentencing, this case is causing traffic accidents while driving alcohol, the criminal liability is heavy, the defendant's blood alcohol concentration was significantly high, there is no special circumstance or change that can be newly considered in sentencing after the decision of the court below, and all other sentencing circumstances such as the defendant's age, sex, family relation, motive, means and consequence of the crime, etc., the sentence imposed by the court below cannot be deemed unfair because the defendant's sentence imposed by the court below is unreasonable. Thus, this part of the defendant's assertion is rejected.

4. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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