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(영문) 서울중앙지방법원 2013.05.02 2012노4194
도로교통법위반(음주운전)등
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. The judgment is against the defendant's wrong, and the health is not good due to the external wound of the left eye, and the economic situation is also difficult. However, in light of the legislative intent of the Petroleum and Petroleum Substitute Fuel Business Act that intends to protect consumers by securing the distribution order of petroleum products and protect people's health and the environment from harmful exhaust gases generated by pseudo petroleum products, etc., the crime of this case is not less complicated; the defendant has been punished for the same kind of crime in violation of the Road Traffic Act; the punishment of the court below is already determined by reducing the fine amount of the summary order considering the circumstances asserted by the defendant, and there is no change of circumstances that can further reduce the fine amount in the trial, it is not unreasonable to impose the sentence of the court below 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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