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(영문) 청주지방법원 2013.11.14 2013노596
도로교통법위반(음주운전)등
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. The facts that the defendant recognized his mistake and reflects his depth, etc. are favorable to the defendant, but the court below seems to have determined the punishment by considering all such circumstances. The crime of this case is committed without a driver's license by the defendant while under the influence of 0.174% of blood alcohol content, and it is not good to commit the crime of this case, even though the defendant had been punished several times of criminal acts of the same kind, it is again going to the crime of this case, and the Road Traffic Act strictly punish the defendant due to the act inherent in danger of causing harm not to the general public. In full view of the defendant's age, character and conduct, motive, means and consequence of the crime, etc., the circumstances after the crime, etc., and the sentencing conditions stated in the arguments and records of this case, it is not recognized that the sentence of the court below is too unreasonable. Thus, the defendant's 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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