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(영문) 대구지방법원 2013.05.31 2012노3519
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (three million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Although there are extenuating circumstances such as the Defendant’s confession of all the instant crimes, the Defendant’s mistake in depth, and the fact that economic situation is difficult, the Defendant had the same power at the time of the instant crime. At the time of the instant crime, the Defendant was exposed to the police by diving for signaling at the fourth line, and the blood alcohol concentration was higher than 0.113%. The sentence of a fine of KRW 3 million imposed by the lower court is the lowest sentence of statutory punishment for the instant crime, and other various sentencing conditions shown in the instant argument, such as the Defendant’s age, character and behavior, character and environment, it is not unreasonable for the lower court to have excessively sentenced 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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