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(영문) 수원지방법원 2015.09.11 2015노2749

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fine 4,000,000) is too unreasonable.

2. It is true that the defendant has conditions favorable to the defendant, such as the fact that the defendant recognizes the crime of this case and is against the defendant, and that the defendant has no record of criminal punishment in the People's Republic of China.

However, in full view of the fact that the blood alcohol content at the time of the Defendant’s drunk driving is 0.18% and considerably high, the statutory penalty for the crime of violation of Articles 148-2(2)2 and 44(1) of the Road Traffic Act applied according to the above blood alcohol content applied to the Defendant according to the above blood alcohol content is “an imprisonment with prison labor for not less than six months but not more than one year or a fine not less than three million to not more than five million won” and other various circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and behavior, environment, family relationship, etc., the lower court’s sentence is too unreasonable.

Therefore, the defendant's above assertion of unfair sentencing is without merit.

3. If so, 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.