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(영문) 의정부지방법원 2015.06.02 2014노2287
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. Determination

A. It is recognized that the defendant led to confession and reflects the crime of this case, there is no record of the same kind of crime, and that he would not repeat the crime, and that it is the early birth of society and the economic situation is not good.

B. However, in full view of the fact that drinking driving is a serious criminal that may cause harm to his/her life and body, that the blood alcohol content at the time of driving of the instant case is higher than 0.11%, and the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime, circumstances before and after the instant crime, and other various sentencing conditions as shown in the pleadings, it is not determined that the sentence of the lower court is too unreasonable.

C. Therefore, the defendant's above assertion is without merit.

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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