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(영문) 대전지방법원 2015.05.15 2014노3571
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 (4 million won of fine) is too unreasonable.

2. Determination

A. There are extenuating circumstances, such as the confession of a crime and the reflection of the crime, the defendant's health status is not good due to the 3rd degree of physical disability, the escape symptoms of conical signboards, etc., and support the wife with physical disability 3 as a basic recipient.

B. On the other hand, in light of the fact that the defendant had the previous department and has been sentenced to a sentence several times, and that the crime of drinking driving in this case caused traffic accidents, the defendant's responsibility is not weak.

In addition, considering all of the sentencing conditions in the instant case, such as the distance of drinking driving, blood alcohol concentration at the time, age and living environment of the Defendant, motive, circumstance and consequence of the crime, etc., the sentence of the lower court is adequate.

3. The appeal by the defendant is without merit and it is so decided as per Disposition in accordance with Article 364(4) of the Criminal Procedure Act.

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