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(영문) 수원지방법원 2016.01.13 2015노3975

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (an amount of KRW 3 million) on the summary of the grounds of appeal is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the defendant led to the confession and reflect of the crime of this case; (b) there is no other punishment force other than the punishment imposed once for the crime of this case; (c) there is no family member to support the defendant; and (d) economic situation is difficult; (c) the defendant’s blood concentration level at the time is higher than 0.156%; and (d) the statutory penalty for the crime of this case constitutes either imprisonment with prison labor for not less than six months but not more than one year or a fine of not less than three million won but not more than five million won; (d) the court below appears to have sentenced to a fine under the summary order after fully considering the circumstances favorable to the defendant; and (e) considering all other circumstances that are conditions for sentencing, such as the defendant’s age, sex, environment, family relationship, motive and circumstance of the crime; and (e) considering all circumstances that are conditions for sentencing after the crime, the sentence of the court below is too unreasonable as it is not justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.