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(영문) 서울북부지방법원 2013.12.13 2013노1088
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of 4.5 million won) is too unreasonable.

2. We examine the judgment, and there are circumstances that appear to be contrary to the defendant's confession of the crime of this case as the first offender, and the economic situation is difficult. However, the crime of this case is committed under the condition of drinking alcohol concentration of 0.202%, and the act of this case is not easy, and the blood alcohol concentration is very high, and driving like this case requires strict punishment for crimes that may threaten another person's life as well as driver. The sentence of the court below is a punishment imposed by discretionary mitigation taking into account the circumstance that the defendant's driving was done under the statutory punishment prescribed for the crime of this case, the circumstance that the defendant was made under the punishment of this case, and other various circumstances that are conditions for sentencing, such as the defendant's age, character and behavior, the motive and circumstance, means and result of the crime, and the circumstances after the crime, etc., the defendant's punishment that the court below sentenced is too unreasonable. Thus, the 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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