beta
Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal is that the Defendant, at the time of the instant case, was a driver who was not a substitute driver to take the key to the substitute driver to stop driving under the influence of alcohol at the time of the instant case, and was seated on the top of the vehicle, but the substitute driver was unable to turn on the air conditioner on his behalf, and thus, the Defendant was a driver who was a driver in order to turn on the air conditioner on his behalf, and the vehicle was fluencing the air conditioner on his behalf, and the driver did not drive under the influence of alcohol at the time of the instant case.
Therefore, the judgment of the court below which pronounced the defendant guilty is unfair as it misleads the facts.
Even if the facts charged are found guilty, the punishment of a fine of 4.5 million won ( a fine of 4.5 million won) imposed by the court below is too unreasonable.
2. The court below sentenced the defendant guilty by taking account of the evidence in its judgment, and closely comparing the records in this case and the reasons in the judgment of the court below, we affirm the above judgment of the court below.
Furthermore, according to the evidence duly adopted and examined by the court below, the accident of collision between the defendant's vehicle and bus occurred prior to misunderstanding. The defendant alleged that the substitute driver was waiting for the substitute driver, but the defendant's assertion is not consistent and rational, and it is acknowledged that the defendant driven the vehicle in the same manner as the facts charged by the defendant according to the above evidence.
Furthermore, comprehensively taking account of the developments leading up to the occurrence of the instant case, the attitude of the Defendant, the previous criminal records, the age, character and conduct, environment, and occupation of the Defendant, the sentence of the lower court cannot be deemed to be excessively unreasonable.
Defendant’s assertion is without merit.
3. As such, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.