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대구지방법원 2016.10.06 2015노5302
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles were not voluntarily committed to the police station, but illegally arrested by the police.

B. The lower court’s sentence of unreasonable sentencing (fine 4 million won) is too unreasonable.

2. Determination:

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the defendant argued to the same effect as the argument of misunderstanding of facts and misapprehension of legal principles, and the court below rejected the above argument in detail. In light of the evidence duly admitted and investigated by the court below, the judgment of the court below is justified, and the defendant's allegation of misunderstanding of

B. As to the assertion on unfair sentencing, the blood alcohol content of the instant case is considerably high as 0.137%, and the driving distance of the instant case is considerably high as about 10km, and the Defendant is punished for driving under the influence of alcohol only once.

In addition, the defendant does not seem to have an attitude against the defendant by denying the legality of voluntary behavior.

In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, environment, character and conduct, and circumstances after committing the crime, the lower court’s sentence is not deemed unreasonable.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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