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(영문) 수원지방법원 2016.06.22 2015노6595
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (an amount of KRW 3 million) on the summary of the grounds of appeal is too unreasonable.

2. However, the defendant recognized and reflected the crime.

There is no criminal record for the defendant.

However, the alcohol concentration of the defendant's blood is considerably high by 0.141%.

The defendant, while driving in a drinking state, has shocked the gap between the vehicles that are stopped while driving, and proceeded as is.

The scope of the lower court’s punishment as to the facts charged of this case is between KRW 3 million and KRW 5 million, and the lower court sentenced the maximum amount of KRW 3 million.0 million.

In addition, in full view of all other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, the sentence of the lower court cannot be deemed to be unfair because it is too large. Therefore, the Defendant’s assertion is without merit.

3. 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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