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(영문) 대전지방법원 2013.12.18 2013노1598
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of all the circumstances, including the fact that the defendant is against whom the summary of the grounds for appeal (e.g., punishment of a fine of three million won) rendered by the court below is too unreasonable.

2. The crime of this case is that the defendant driven a B-hurd motor vehicle while under the influence of alcohol of 0.113% of blood alcohol concentration. In light of the degree of blood alcohol concentration and the fact that the defendant was diving by stopping a vehicle on one lane at the time of the detection of alcohol driving of this case, the defendant was highly likely to be subject to criticism. The defendant was punished for a fine of 2.5 million won due to a drunk driving in 2003. The act of drunk driving must be strictly prohibited for the order of road traffic and the safety of traffic, and all other circumstances that led to the crime of this case, such as the defendant's age, character, environment, motive and circumstance leading to the crime of this case, and circumstances after the crime, etc., the above argument by the court below 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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