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(영문) 수원지방법원 2017.06.09 2016노8092
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 (the penalty amounting to five million won) is too unreasonable.

2. The facts that the defendant's judgment repents his mistake and reflects his depth are favorable to the defendant.

On the other hand, taking into account the Defendant’s unfavorable condition, such as the fact that the Defendant has the history of punishing the same kind of fine, the fact that the alcohol concentration in the blood of this case is relatively high, and the Defendant’s age, sexual conduct, environment, motive for committing the crime, and the circumstances after committing the crime, it is not recognized that the lower court’s sentence imposing a fine of KRW 5 million, which is the lowest amount of fine of Article 148-2(2)1 of the Road Traffic Act (i.e., imprisonment with prison labor for not less than one year but not more than three years, and a fine of not less than five million won and not more than ten million won) is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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