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(영문) 광주지방법원 2015.12.23 2015노1765
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 (three million won of fine) is too unreasonable.

2. The judgment of the court below is recognized as having no record of being punished for the crime of violation of the Road Traffic Act (driving) and having no record of economic difficulty. On the other hand, the defendant driving in the state of drinking alcohol level of 0.120 percent, considering the above circumstances favorable to the defendant, the court below also rendered a fine of KRW 3 million which is the lowest punishment within the scope of statutory punishment, and taking into account the circumstances favorable to the defendant, the circumstances leading up to the crime of this case, the circumstances after the crime, the defendant's age, character and conduct, and environment, it is not recognized that the sentence of the court below is too unreasonable since the defendant's above assertion is not reasonable.

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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