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(영문) 수원지방법원 2018.01.25 2017노6594

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. The fact that the judgment defendant recognized the crime of this case and reflects it, and that there is no record of criminal punishment in Korea, etc. are favorable to the defendant.

However, in light of the fact that the Defendant driven approximately 30 km in Seoul to the water source in a state of 0.209% alcohol level during his night, and the drinking level is considerably high, the driving distance is not short, and the risk of traffic accidents that cause the driving of the vehicle at night, the social need to strictize it is very high, and other various sentencing conditions such as the Defendant’s age, sex, environment, family relationship, motive for the crime, etc., the Defendant’s punishment cannot be deemed to be unfair because it is too large, and 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.