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(영문) 전주지방법원 2016.12.16 2016노1548
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the Defendant had no record of criminal punishment before, and the distance of drunk driving is relatively short of about 200 meters is favorable to the Defendant.

On the other hand, the crime of this case is a case of driving under the influence of alcohol 0.170% by the defendant while under the influence of alcohol 0.170%, and the quality of the crime is not less severe, and the blood alcohol concentration of the defendant was higher than 0.170% at the time of detection, and the driving under the influence of alcohol is a crime that may infringe on another person's life, body, etc., and thus, it is necessary to strictly punish the defendant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, character and conduct, environment, and other various sentencing conditions shown in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, 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, since all of the appeals are without merit. It is so decided as per Disposition.

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