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(영문) 의정부지방법원 2014.12.05 2014노1611

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 (5 million won of a fine) is too unreasonable.

2. Although the Defendant made a confession of a crime in the trial for the first time, the revised Road Traffic Act strengthened criminal punishment by raising the statutory penalty for the crime, which is a serious crime that may endanger the life and body of himself/herself and others. Considering that the blood alcohol level of the Defendant at the time of the instant crime was very high by 0.218%, the case is not easy; the lower court selected a fine among the statutory penalty against the Defendant (a imprisonment of not less than one year but not more than three years, or a fine of not less than 10 million won but not more than 10 million won), and sentenced the lower fine, taking into account all the circumstances such as the Defendant’s age, character and behavior, environment, details and contents leading to the instant crime, circumstances after the instant crime, etc., it cannot be said that the sentence of the lower court is unreasonable because it is excessively unreasonable.

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.