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(영문) 춘천지방법원 강릉지원 2015.02.10 2014노522
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. Determination is a reasonable circumstance to consider the fact that the Defendant led to the confession and reflect of the crime, the health situation is not good, and the economic form is difficult.

However, the defendant has been punished for the same kind of crime over several times, the defendant was sentenced to a fine due to drunk driving during the suspension of execution due to the crime of this type, and again committed the crime of this case, and the blood alcohol concentration at the time reaches 0.151%.

In addition to the above various circumstances, comprehensively taking account of the Defendant’s age, character and conduct, motive for the instant crime, means and consequence of the instant crime, etc., the lower court’s punishment cannot be deemed to be too unreasonable, as well as the circumstances after the crime.

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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