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(영문) 전주지방법원 2016.10.21 2016노863
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime; (b) the distance of drunk driving is relatively short of 500 meters; and (c) the Defendant again made it difficult to drive a drunk driving.

On the other hand, the crime of this case is a case of driving a vehicle while under the influence of 0.104% of blood alcohol level, and the quality of the crime is not weak, and the defendant has already been subject to criminal punishment once for the same crime, and the driving of drinking is a crime that may cause serious danger to the life and property of another person as well as himself/herself, and thus, it is necessary to strictly punish the defendant.

In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, etc. as well as the various sentencing conditions indicated 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 without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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