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(영문) 대전지방법원 2014.09.18 2014노424
도로교통법위반(음주운전)
Text

Defendant

The appeal is dismissed.

Reasons

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

Judgment

It is reasonable to take into account the following circumstances: (a) the Defendant has violated his mistake in depth; and (b) the Defendant attempted to move a vehicle in contact with the residents who moved the parked vehicle; and (c) the Defendant was driving the instant drinking vehicle.

However, the Defendant’s blood alcohol level was considerably high at 0.126% at the time of driving under the influence of alcohol in this case, the Defendant’s two vehicles parked in the vicinity of the instant driving under the influence of alcohol caused physical damage by shocking them, the Defendant’s records of having been punished for the same kind of crime, and other factors of sentencing, including Defendant’s age, character and conduct, environment, circumstances leading to the instant crime, and circumstances before and after the instant crime, it is not recognized that the sentence of the lower court that sentenced the statutory minimum fine is too unreasonable.

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.

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