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(영문) 광주지방법원 2013.05.24 2013노539
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 in consideration of various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The Defendant’s economic situation is difficult; however, considering the characteristics of rural communities where the means of public transportation is inferior and the use of substitute driving is relatively difficult, drinking driving is highly likely to be criticized in that it is highly likely to cause traffic accidents. Nevertheless, the Defendant’s assertion is without merit, by asserting that drinking driving is inevitable due to the characteristics of rural communities, and the Defendant did not reflect his own wrong by asserting that it is inevitable; the Defendant has been sentenced twice a fine for the same kind of crime; and the Defendant has the record of being sentenced twice a fine; and the overall sentencing conditions stipulated in Article 51 of the Criminal Act, including the blood alcohol concentration level; the degree of alcohol level of the Defendant’s driving; the distance of the Defendant’s driving; the background of the instant crime; and the circumstances before and after the instant crime, etc., are considered to be too unreasonable. Therefore, the Defendant’

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.

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