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(영문) 서울고등법원 2013.08.14 2013노1392

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below’s sentence (five million won of fine) is too unreasonable.

2. The instant crime is found to have been committed by the Defendant while driving a motor vehicle under the influence of blood alcohol concentration of 0.27%, considering the Defendant’s high drinking value and the purport of the revision of the Road Traffic Act prepared to strictly prohibit driving under the influence of alcohol that threatens the safety of road traffic, the quality of the Defendant’s crime is not weak.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and records of the crime, the lower court’s punishment that the Defendant selected to impose a fine against the Defendant is too unreasonable compared to the Defendant’s degree of responsibility, even in light of the circumstances where the Defendant was able to pay the fine.

Therefore, the defendant's assertion is without merit.

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.