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(영문) 대구고등법원 2013.08.22 2013노25
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of fine) is too unreasonable.

2. The judgment of the defendant recognized the crime and reflected the mistake.

In order to scrap the Oral Seaba of this case, it is difficult to drive under the influence of alcohol in the future.

While the Defendant was driving under the influence of alcohol in this case, an accident occurred due to negligence by the other driver of the vehicle in violation of the passing method at the intersection, and the Defendant suffered injury, such as a cage cage at the right 8, which requires treatment for about 10 weeks.

The defendant shall have chronic kidne diseases, urology diseases, and other diseases, and support the baby and wife suffering from urology.

These circumstances are favorable to the defendant.

However, the defendant has been punished several times due to the crime of drunk driving and unlicensed driving.

The Defendant, without a motorcycle driver's license, driven a motorcycle that is not covered by mandatory insurance.

The blood alcohol concentration level of the instant case is 0.138% higher.

These circumstances are disadvantageous to the defendant.

In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the sentencing of the lower court is not deemed to be unfair because the sentencing of the lower court is too unreasonable.

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.

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