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(영문) 광주지방법원 2013.10.11 2013노1675

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below (one million won of fine) is too heavy when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The judgment that the defendant would not repeat the crime of this case at the time of committing the crime of this case, and that the economic situation is not sufficient is advantageous. On the other hand, drinking driving is a highly dangerous crime that may cause traffic accidents. Furthermore, the defendant committed the crime of this case even though he had been punished by a fine for the same kind of crime at around 2006, and the defendant committed the crime of this case at the same time. The defendant's drinking water level measured at the time of this case reaches 0.092%. In full view of the defendant's age, character and behavior, environment, circumstances before and after the crime of this case, and all the sentencing conditions shown in the records and arguments of this case, it cannot be deemed that the defendant's punishment of the court below is too unreasonable. Thus, 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 since it is without merit. It is so decided as per Disposition.