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(영문) 수원지방법원 2015.09.04 2015노2042

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (hereinafter referred to as the 3,000,000 won of fine) is too unreasonable.

2. It is true that there are conditions for sentencing favorable to the defendant, such as the fact that the defendant recognizes the crime of this case and has no record of criminal punishment.

However, in light of the fact that the Defendant’s blood alcohol content at the time higher than 0.115%, and the statutory penalty for a violation of Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, applied to the Defendant, is “the imprisonment with prison labor for not less than six months but not more than one year or a fine not less than three million but not more than five million won.” The lower court’s sentence was sentenced to the maximum statutory penalty, and other circumstances that form the conditions for the sentencing in the instant case, such as the Defendant’s age, character and behavior, environment, family relationship, etc., it is not deemed unfair for the lower court to impose the sentence too too unreasonable.

Therefore, the defendant's above assertion of unfair sentencing is without merit.

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