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(영문) 수원지방법원 2017.07.27 2017노2602
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime; (b) the Defendant parked instead of his vehicle at his request; (c) the Defendant led to the instant crime; (d) the driving distance is short of 5 meters; and (e) the record of criminal punishment is not confirmed.

However, in light of the risk of an accident caused by a driving under the influence of alcohol, the social necessity for the driving under the influence of alcohol is very high, the Defendant’s blood alcohol concentration was not lowered at the time of driving under the influence of alcohol in this case, and the occurrence of an accident caused by contact with other vehicles, and the Defendant’s age, sexual behavior, environment, family relationship, motive, and circumstances after committing the crime are considered as a whole, and thus, the Defendant’s argument 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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