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(영문) 대전지방법원 2014.06.19 2013노2988
도로교통법위반(음주운전)
Text

Defendant

The appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., a fine of 5 million won) is too unreasonable.

Judgment

It is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake; (b) the Defendant driven a relatively short distance of three meters in a paid parking lot; and (c) the Defendant appears to have difficulty in economic conditions.

However, the crime of this case is driving a vehicle in the state of inflow from the Defendant’s blood alcohol concentration to 0.264%.

In full view of the shocking of parking lot facilities and the liability for the crime, the fact that there is a history of punishment for the same kind of crime, and other various sentencing conditions such as the defendant's age, character and behavior, environment, the circumstances of the crime in this case, and the circumstances before and after the crime, it is not recognized that the sentence of the court below that sentenced the statutory minimum punishment is too unreasonable.

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.

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