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(영문) 수원지방법원 2018.10.10 2018노2602
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 (five million won penalty) is too unreasonable.

2. It is recognized that the judgment defendant reflects the Defendant’s depth in committing the instant crime, that there is no particular record of committing the instant crime except for those subject to punishment once by a fine for negligence in 1999, and that he/she must support the spouse who is administering a disease by cancer.

However, drinking driving is a crime that may cause serious harm to unspecified persons, and is highly dangerous in society. In full view of the fact that the Defendant’s driving of the instant vehicle while under the influence of alcohol causes a traffic accident and such risks are realized. In full view of the fact that the Defendant’s alcohol concentration in blood was 0.219% at the time of the instant crime, and the Defendant’s age, sex, environment, motive and circumstance of the crime, and all other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, motive and circumstance of the crime, etc., the sentence of the lower court is too unreasonable.

Therefore, 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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