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(영문) 수원지방법원 2015.04.29 2014노5384

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 (five million won of fine) is too unreasonable.

2. Even when considering the fact that the defendant led to the confession and reflect of the crime of this case, the economic situation is difficult, the defendant supports a family with a good health, and the defendant also has a good health, even though he had the past record of punishment for the same kind of crime, repeats drinking driving, and the blood alcohol concentration level is higher than 0.254%, and the court below imposed a fine of the lower limit of the statutory penalty for the crime of this case (i.e., imprisonment with prison labor for not less than one year but not more than three years or a fine not exceeding 5 million won but not more than 10 million won), and taking into account all other circumstances that form the conditions for sentencing, such as the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, circumstances after the crime, etc., the defendant's assertion is not reasonable because the sentence of the court below is too too 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.