logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.12.04 2014노1451
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The Defendant did not have any record of punishment for the same kind of crime for the last ten years, and did not repeat the crime of this case in depth and did not repeat the crime of this case.

There is no good health such as the defendant suffering from a co-ordeption.

However, the blood alcohol concentration of the defendant was higher than 0.181%, and it also caused the collision of vehicles parked in the signal atmosphere.

Article 148-2 (2) 2 of the Road Traffic Act provides that a person whose blood alcohol content is not less than 0.1% shall be punished by imprisonment with prison labor for not less than six months but not more than one year or by a fine not less than three million won but not more than five million won. The lower court determined the amount of fine which is the lowest of the statutory penalty after selecting a fine by taking into account the elderly, financial circumstances, etc.

In addition, considering the equity of punishment with similar cases, age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the records and arguments of this case, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

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