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(영문) 의정부지방법원 2014.07.16 2013노2662
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. The circumstances favorable to the defendant, such as the fact that the defendant made a confession of the crime of this case and made a statement that he is divided, except that he was punished by a fine due to a violation of the Punishment of Violences, etc. Act around 199, and that he has no record of punishment, etc.

On the other hand, in light of the fact that the Defendant driven a motor vehicle while under the influence of alcohol 0.193% and is highly likely to cause a traffic accident, the crime of this case is disadvantageous to the Defendant, such as that the nature of the crime is bad and highly likely to be subject to criticism, and that the distance of driving under the influence of alcohol reaches 5 km.

In light of the above circumstances, comprehensively considering the Defendant’s age, character and conduct, intelligence and environment, motive and background of the instant crime, means and consequence, circumstances after the instant crime, and family relationship, etc., the sentence imposed by the lower court is deemed to be inappropriate and unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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