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(영문) 대전지방법원 2014.09.18 2014노597

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (7 million won of a fine) is too unreasonable.

2. The judgment of the court below is recognized that there was no traffic obstacle such as the occurrence of a traffic accident, etc. due to the drinking and unlicensed driving of the defendant, etc., but the crime of this case is not less than two times even though the defendant had been punished twice or more due to drinking driving, in light of the purpose of the Road Traffic Act, which is punished more than three times in the case of drinking driving, the nature of the crime is not less than that of the defendant in light of the purpose of the Road Traffic Act, the blood alcohol concentration of the defendant is not less than 0.109%, and the defendant's blood alcohol concentration is not less than 0.10%. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the above assertion by

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.