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(영문) 대구지방법원 2013.10.31 2013노1856
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The decision-making defendant has committed a crime in depth and has not committed a second offense.

While working in a temple, the accused lives with the income of KRW 500,000 per month.

However, the defendant committed the crime of this case even though he had the history of criminal punishment several times due to drinking and driving without a license.

At the time of the instant crime, the Defendant’s blood alcohol concentration was considerably high by 0.112%.

In addition, the sentence imposed on a similar case shall not be deemed unfair because the sentence imposed by the court below is too unreasonable in full view of all the sentencing conditions shown in the records and pleadings, such as equity, age, character and conduct, environment, family relationship, etc. of the defendant.

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

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