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(영문) 대구지방법원 2014.05.29 2013노3847
도로교통법위반(음주운전)
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 judgment does not have the record of being punished as a same crime, and it is said that the defendant would not repeat the crime of this case by reflecting his depth on the wrong crime of this case.

However, drinking driving is a serious crime threatening the life and body of himself/herself and others, and the defendant caused a traffic accident in which vehicles parked while driving under the influence of alcohol level 0.134%.

Examining the sentencing conditions shown in the records and arguments of this case, including equity in the punishment with other similar cases, as well as the age, character and conduct, environment, etc. of the accused, the lower court’s sentence cannot be deemed to be too 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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