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(영문) 수원지방법원 2014.10.27 2014노417
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 (three million won of fine) is too unreasonable.

2. At the time of the instant judgment, the Defendant’s blood alcohol concentration was higher than 0.153%, and the statutory penalty under Article 148-2(2)2 of the Road Traffic Act is either imprisonment with prison labor for not less than six months but not more than one year or a fine of not less than three million and not more than five million won, and thus, the sentence of the lower court is lower than that of the statutory penalty; the Defendant has the same kind of fine once imposed on the Defendant; and the Defendant’s age, character, character, environment, and circumstances after the crime, etc., comprehensively taking account of all the sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, character and behavior, and circumstances after the crime

Even if the sentence of the court below is too unreasonable, it is not likely that the sentence of the court below is too unreasonable.

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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