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(영문) 대구지방법원 2016.12.15 2016노2445
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 of a fine) is too unreasonable.

2. The accused is against the charge, and the accused has no criminal records of the same kind.

However, the blood alcohol concentration in the instant case is very high as 0.220%, and the traffic accident occurred.

In addition, the statutory penalty on the fine for the instant crime is more than five million won but not more than ten million won, and the Defendant has already been given a fine of up to five million won through a request for formal trial against the summary order through a request for a formal trial against the summary order. There is no special change in circumstances after the judgment of the court below.

In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, environment, character and conduct, and circumstances after committing the crime, the lower court’s sentence is not deemed unreasonable.

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

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