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(영문) 대구지방법원 2013.11.28 2013노2243
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of 3.5 million won) pronounced by the lower court is too unreasonable.

2. It is true that the defendant's mistake in the crime of this case is divided in depth, and reflects the fact that there are good economic circumstances.

However, drinking driving is a serious crime threatening the life and body of himself and others, and the defendant again committed the crime of this case even though he had the record of punishment for drinking driving in 2004.

The blood alcohol concentration was high 0.137%, and the defendant was in driving under influence and caused an accident while driving under influence.

Examining the sentencing conditions shown in the records and arguments of this case, including equity in punishment with other similar cases, such as age, character and conduct, environment, and method and consequence of crime, it is difficult to deem that the sentence of the court below is too unreasonable.

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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