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(영문) 서울북부지방법원 2013.11.22 2013노1131

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of KRW 3,00,000) is too unreasonable.

2. We examine the judgment, while the defendant made a confession of the crime in this case, the crime in this case is against the defendant. However, the crime in this case is against the defendant's operation of a 3 km driver's vehicle while under the influence of 0.142% alcohol concentration. The crime in this case is not less than that of the defendant's operation of a 3km driver's vehicle under the influence of alcohol concentration. The drinking driving requires a strict punishment not only for the defendant who is a driver but also for a crime that may threaten another's life. The defendant has already been punished several times of the same kind of crime. In full view of the defendant's age, character and behavior, environment, motive or circumstance of the crime, means and result, etc., the defendant's punishment imposed by the court below is too excessive, and the defendant's assertion is not reasonable

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.