logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2013.04.11 2013노93
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentencing of the lower court (a fine of five million won) is too unreasonable.

2. Examining the various sentencing conditions in the instant case, there are favorable circumstances for the Defendant, such as the fact that the error is recognized, the fact that there is no special human and material damage due to the driving of the instant drinking, and the fact that there is no criminal record exceeding the same kind and fine.

However, in full view of the following factors: (a) the Defendant is a private taxi driver who has set a model in driving vehicles; (b) the drinking alcohol level is considerably high at 0.205%; and (c) the Road Traffic Act amended on June 8, 2011 provides that persons whose drinking alcohol level is at least 0.2% shall be punished strictly for the purpose of preventing driving threatening road traffic safety; and (d) other factors of sentencing indicated in the records of this case, such as the Defendant’s age, background leading to the instant crime; and (e) family relationship, even considering all the circumstances asserted by the Defendant as the grounds of appeal, the Defendant’s grounds of appeal are too excessive and unreasonable. Therefore, the Defendant’s grounds of appeal are without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

arrow