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(영문) 광주지방법원 2017.01.10 2016노1269
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 (7 million won in penalty) is too unreasonable.

2. The Defendant was punished as a fine for the same kind of crime four times. Among them, the Defendant had been punished as a fine for a fine of KRW 2.5 million and a fine of KRW 6 million, but had been punished as a fine for a non-exclusive license again.

In addition, the defendant was driving in the state of de facto 0.200% alcohol concentration in blood and did not subscribe to mandatory insurance, so the risk of the crime was very high.

In addition, the defendant was arrested as a flagrant offender while escaping from the police's crackdown on driving of alcohol, and the circumstances after the crime are not good.

In addition, considering other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, etc., and the maximum statutory penalty applicable to this case is a fine of KRW 5 million, the lower court’s punishment is only within the reasonable scope of discretion and is not recognized as unfair because it is too unreasonable.

Therefore, 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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