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(영문) 서울중앙지방법원 2013.11.28 2013노2622
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 2.5 million won) of the lower court is too unreasonable.

2. The judgment of the court below is against the defendant's misunderstanding, and there is no history of committing the crime in Korea. However, the defendant's blood alcohol concentration reaches 0.219%, and the current Road Traffic Act has a difference in the severity of punishment depending on the blood alcohol concentration level for the purpose of preventing the driving under the influence of alcohol that threatens the safety of road traffic and overcoming awareness of it. According to this, it stipulates that the driving under the influence of alcohol exceeding 0.2% shall be punished more strictly. The court below's decision of the court below has been sentenced to the lowest punishment among the applicable sentencing range after one time after the decision of fine was made, and considering the motive and circumstance leading up to the crime in this case, the age, character and behavior of the defendant, and the environment of the records, etc., the punishment of the court below is too inappropriate.

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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