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(영문) 광주지방법원 2012.11.28 2012노1957
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty (2.5 million won of fine) declared by the court below is too unlimited and unfair.

2. The circumstance is that the defendant, who led to the confession of the crime of this case, had no record of criminal punishment for the same kind of crime, and that the defendant's vehicle parked in front of Seodaemun was driven upon the request of the owner of the house, and the reason is that the vehicle was driven in front of Seodaemun, and that the driving distance is very short is favorable to the defendant.

On the other hand, the defendant had a history of criminal punishment twice including two times of suspended execution, and the defendant's act of causing an accident that sees the back of the options car parked in front of the defendant's vehicle while driving with a considerable amount of 0.103% alcohol concentration at the time of the crime of this case is disadvantageous to the defendant.

In addition, the court below seems to have determined a sentence after taking account of the above circumstances favorable to the defendant, taking into account the various circumstances such as equity in sentencing with the same kind of case and sentencing, the background of the crime in this case, and the age and happiness environment of the defendant, it does not seem that the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal of this case 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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