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(영문) 대구지방법원 2014.11.20 2014노1846
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a fine of 1.5 million won) is too unreasonable.

2. The judgment defendant did not have the record of being punished for the same case, and committed the crime of this case in depth and did not repeat again.

The defendant's blood alcohol concentration was relatively low to 0.072%, and the defendant's treatment with brain color is not good.

However, the distance of drinking driving is not shorter by the defendant driving approximately 1 km in a drunken state.

Article 148-2 (2) 3 of the Road Traffic Act provides that a person whose blood alcohol content is not less than 0.05% but less than 0.1% shall be punished by imprisonment with prison labor for not more than six months or by a fine not exceeding three million won. The lower court determined a punishment after selecting a fine by taking into account the Defendant’s blood alcohol concentration, the Defendant’s age and economic difficulties.

In addition, considering the equity of punishment with similar cases, the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the records and arguments of this case, it cannot be said that the sentence imposed by the court below is 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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