logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.08.14 2019노4748
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 (a fine of six million won) is too unreasonable.

2. The judgment of the court below is that the defendant had the record of punishment for drinking driving in the past, and again committed the crime in this case. However, the above records of punishment had 12 years prior to the date of the crime in this case, and there was no record of committing the same and different types of crimes during that period. The defendant driven around 2-3 meters in order to promptly park the vehicle while waiting for the arrival of a substitute driver after waiting for the arrival at the time of the crime in this case. The punishment sentenced by the court below is close to the lowest sentence of the statutory penalty (fine 10 million won), and is close to the defendant's age, environment, reputation, health conditions, degree of property, family relation, circumstances of the crime in this case, and circumstances after the crime in this case, it cannot be seen that the judgment of the court below exceeded reasonable discretion or 2013.5 million won cannot be seen as being unfair.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

arrow