logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.07.21 2019노2297
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 12,00,000) of the lower court is too unreasonable.

2. Determination recognizes the driving of the instant drinking test, and the Defendant’s primary offender are factors for sentencing favorable to the Defendant.

On the other hand, the fact that blood alcohol concentration (0.224%) is considerably high at the time of the pertinent drunk driving is an unfavorable sentencing factor against the defendant.

In addition, the lower court did not change the sentencing conditions that may be newly considered in this court compared to the lower court, comprehensively taking into account the above factors of sentencing.

In addition, considering the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow