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(영문) 대전지방법원 2013.08.22 2013노383
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty of KRW 2,00,000, sentenced by the court below on the summary of the grounds of appeal, is too unreasonable.

2. In light of the above circumstances, although the court below is recognized that the defendant repents his mistake, and the distance of drunk driving is short, it cannot be found that the court below sentenced the defendant to a punishment lower than the statutory punishment (Article 148-2 (2) 2 of the Road Traffic Act) through discretionary mitigation, and there is no other normal relation or change of circumstances to reduce the above punishment, the defendant again committed the crime in this case even though he had the past record of punishment, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and result of the crime, etc., the sentencing of the court below is too unreasonable. Thus, the above argument by the defendant is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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