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(영문) 광주지방법원 2013.12.27 2013노2504
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The fact that the Defendant recognized his mistake and appears to have to support the wife with physical disability 2 is a favorable circumstance.

However, the crime of this case is committed under the influence of blood alcohol concentration of 0.213% while being discovered and being investigated by the defendant while driving in the main state of 0.143%, and the quality of the crime is not good. The defendant's previous convictions in several times, including two times of suspended execution, are disadvantageous circumstances. Considering the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and behavior, and environment, the court below's punishment is too unreasonable. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

(However, inasmuch as it is apparent that “eight million won of fine” in the judgment below’s criminal records is a clerical error of “two million won of fine,” it shall be corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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