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(영문) 광주지방법원 2015.04.28 2014노1714
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (a fine of three million won) is too unreasonable.

Judgment

It seems that the defendant lives due to his own illness and is in an economically difficult situation, and the fact that the defendant has no criminal record for the same kind of illness is a favorable situation.

However, in light of the Defendant’s age, character and conduct, environment, and all of the sentencing conditions indicated in the records of this case, it cannot be deemed that the lower court’s punishment is too unreasonable in light of the following: (a) the Defendant, while drinking alcohol and driving alcohol; (b) the Defendant was shocking pedestrians with the vehicle during driving alcohol in this case; (c) the maximum statutory penalty for the instant crime was set at KRW 3 million; and (d) the Defendant’s age, character and conduct, and environment, and all of the sentencing conditions indicated in the records of this case.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.

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