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(영문) 인천지방법원 2013.06.21 2013노426
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 (three million won of a fine) is too unreasonable.

2. It is recognized that there are some circumstances to consider the circumstances leading to the instant crime, not the distance where the Defendant driven under influence, but rather the distance when the Defendant driven under influence.

However, under Article 148-2 (2) 2 of the Road Traffic Act, the defendant has already been punished one time due to drunk driving, and Article 148-2 (2) of the Road Traffic Act provides that the defendant shall be punished by imprisonment with prison labor for not less than six months but not less than one year or by a fine not less than three million won but not more than five million won where he drives under the influence of blood alcohol content of not less than 0.1% but less than 0.2%. The court below has already determined the sentence at the minimum of statutory punishment in consideration of all favorable circumstances favorable to the defendant. In full view of all other circumstances, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, etc., and the sentencing conditions specified in the arguments and records of this case including the defendant's age, character and behavior, and there are no other special circumstances that may be additional consideration in the court below's trial, even if considering all the circumstances asserted by the defendant in the grounds for appeal, the defendant'

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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