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(영문) 대구지방법원 2013.10.31 2013노1107
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. The judgment is against the Defendant’s misunderstanding of the instant crime, and there are circumstances in which economic benefits are difficult.

However, drinking and non-licensed driving are serious crimes threatening the life and body of himself and others, and the defendant again committed the crime of this case despite the record of punishment for drinking and non-licensed driving in 2007.

The distance of the defendant's driving is not shorter than 5km, and the blood alcohol concentration at the time was higher than 0.105%.

Examining the sentencing conditions indicated in the records and arguments of this case, including equity in punishment with other similar cases, such as age, character and conduct, environment, motive and background leading to the instant crime, method and consequence of the instant crime, etc., it is difficult to deem that the lower court’s punishment is 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.

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