logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2013.04.11 2013노61
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 Defendant recognized the error and reflects the fact that the Defendant was not in a state of health due to class 5 disabled persons.

However, in full view of the various sentencing factors indicated in the records of this case, including the defendant's age, occupation, and circumstance leading up to the crime of this case, even if the defendant asserted as the grounds for appeal, it is too unreasonable that the court below's sentence is too unreasonable even if considering all of the circumstances that the defendant asserted as the grounds for appeal, since the defendant's punishment against the defendant is too excessive, it is considerably high in 0.205% in drinking water, and the amended Road Traffic Act as of June 8, 2011 provides that a person whose drinking water is at least 0.2% in order to prevent drinking driving threatening to the safety of road traffic and to ensure the awareness of it.

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