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(영문) 대전지방법원 2013.05.16 2012노2583
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the fine of KRW 3,000,000 sentenced by the lower court is too unreasonable.

2. In light of the above circumstances, even though the court below is recognized that the defendant was the first offender and his mistake was divided in depth, the court below's sentencing is too unreasonable in light of the following circumstances. However, there is no normal relation or change in circumstances where the defendant sentenced the lower limit of statutory punishment (Article 148-2 (2) 2 of the Road Traffic Act) to mitigate the above punishment, the defendant's main exploitation (0.129% of the blood alcohol content) is not low at the time of the crime in this case, and the defendant's age, character and behavior, environment, motive, means and consequence, and the various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence, before and after the crime. Thus, the above argument by the defendant is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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