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(영문) 서울서부지방법원 2013.11.14 2013노1033
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant (e.g., a fine of three million won) by the court below is unreasonable.

2. In light of the judgment, although there are favorable circumstances for the defendant, such as the confession of the crime of this case and the fact that there is no record of punishment for the same kind of crime, drinking driving is a serious crime threatening the life and body of himself/herself and others. The revised Road Traffic Act strengthened criminal punishment by raising statutory punishment against it. The blood alcohol concentration of the crime of this case is not less than 0.101%, and the degree of punishment with other similar cases is not less than 0.10%, and the defendant's age, character and behavior, environment, motive and background leading to the crime of this case, method and consequence of the crime of this case, and the circumstances before and after the crime, etc., the court below's punishment is too unreasonable. Thus, the defendant's allegation of unfair sentencing is without merit.

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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