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(영문) 광주지방법원 2013.10.11 2013노1682
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below (two million won of fine) is too heavy when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The judgment of the court below is acknowledged that the defendant would not repeat the crime of this case while recognizing the fact that the defendant would not repeat the crime of this case, and that the defendant's health is hard to maintain economic situation. On the other hand, drinking driving is highly likely to cause traffic accidents. On the other hand, the defendant's drinking water measured at the time of this case is higher than 0.131%. The statutory punishment of the crime of this case is stipulated as either imprisonment with prison labor for not less than six months but not more than one year or a fine of not less than three million won but not more than five million won. The court below sentenced a sentence close to the highest punishment (1.5 million won of fine) after taking full account of the defendant's favorable circumstances after choosing the fine, and considering the defendant's age, character and behavior, circumstances before and after the crime, circumstances before and after the crime of this case, and all of the sentencing conditions specified in the records and arguments of this case, it cannot be viewed that the defendant's punishment of this case is undue and 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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