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(영문) 대구고등법원 2013.05.09 2012노618
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (4 million won of fine) is too large.

2. The judgment of the defendant recognized the crime and divided the wrong facts.

The defendant also drives a vehicle of this case by approximately 200 meters.

In 1984, the defendant, who was in military service, had been aware of the death of a frighter in the train from the steel street around 1984.

There is a mother responsible for supporting the defendant.

These circumstances are favorable to the defendant.

However, the defendant was sentenced to a fine on three occasions due to a crime of drunk driving and unlicensed driving, and was sentenced to a suspended sentence for six months in the year of 208.

The blood alcohol concentration level of the instant case is also 0.227% high.

These circumstances are disadvantageous to the defendant.

In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the sentencing of the lower court is not deemed to be unfair because the sentencing of the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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