logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.04.26 2013노579
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The instant crime is found to have been committed by the Defendant while driving a motor vehicle while under the influence of alcohol with a blood alcohol content of 0.250%, considering the Defendant’s high drinking value and the purport of the revision of the Road Traffic Act, which was prepared to strictly prohibit driving under the influence of alcohol that threatens the safety of road traffic, the quality of the Defendant’s crime is not weak.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all the sentencing conditions in the instant case, considering the circumstances after the crime, the lower court’s punishment that chosen the Defendant to be fined to the extent of the Defendant’s responsibility cannot be deemed unreasonable as it is too unreasonable compared to the extent of the Defendant’s responsibility.

Therefore, the defendant's assertion is without merit.

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