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(영문) 서울동부지방법원 2013.11.14 2012노1517
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 of KRW 4 million (a fine of KRW 4 million) is too unreasonable.

2. The judgment shows the attitude of the defendant to see his criminal act in the investigative agency and the court of original instance, the distance of the defendant driving a motor vehicle in drinking condition is less than 2 meters, and there are favorable circumstances such as the cancellation of the driver's license and the fact that the living is difficult due to the instant crime.

However, considering the following circumstances, the Defendant’s blood alcohol content at the time of the instant drunk driving is 0.164% and the numerical value is not low, the Defendant was sentenced to a fine for the same kind of crime even around 2006, and the sentencing of the lower court appears to have taken into account all favorable circumstances, and there is no change of circumstances that may vary between the lower court and the sentence. In full view of all the circumstances indicated in the records and arguments, such as the Defendant’s age, character and character, character and environment, occupation, power, the background, means and consequence of the instant crime, and circumstances before and after the instant crime, the sentence of the lower court is too unreasonable.

3. Accordingly, 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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