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(영문) 서울고등법원 2012.12.28 2012노1926

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the sentence (the fine of KRW 3,000,000) imposed by the court below against the defendant is too unreasonable.

Although there are circumstances that the distance of the drinking driving of this case is less than 500 meters and that the defendant has no record of driving a drinking, and that the defendant has not been able to engage in the crime of this case, the drinking volume of the defendant is very high to 0.213%, and considering the circumstances that the court below has a background leading the defendant to drive a drinking, driving distance and the defendant's serious reflector and dependent, the defendant shall be sentenced to a fine of KRW 3,00,000 within the scope of the amount of the first reduced statutory punishment. Considering the aforementioned various circumstances, the sentence imposed by the court below on the defendant is reasonable, and the sentence is unreasonable.

The defendant's ground of appeal is without merit.

Therefore, 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.