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(영문) 의정부지방법원 2013.11.06 2013노868
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (three million won of fine) is too unreasonable.

2. The judgment is based on the following circumstances: (a) the Defendant made a statement that he/she would not repeat again when he/she made a confession of the crime of this case and divided his/her depth; (b) the Defendant has no record of criminal punishment for the same crime; (c) there is no record of criminal punishment exceeding the fine; and (d) the Defendant appears not to have sufficient economic situation, such as filing an application for individual rehabilitation, etc.; (b) the crime of this case is highly likely to cause traffic accidents by driving a vehicle under the influence of alcohol; (c) the Defendant’s blood alcohol concentration at the time of the crime of this case was 0.128% high; (d) the Defendant’s blood alcohol concentration at the time of the crime of this case was 0.128% high; and (e) the Defendant violated the signal at the time of this case and driving a vehicle.

In full view of the following circumstances: (a) the Defendant’s age, character and conduct, intelligence and environment, motive and circumstance of the instant crime, means and consequence of the instant crime; (b) the circumstances surrounding the instant sentencing conditions, including circumstances asserted by the Defendant, such as the circumstance following the instant crime, such as the Defendant’s occurrence of a stop order, and the arrest of the Defendant, even though the police officer was found to have received a stop order; (c) and (d) the Defendant’s occurrence of the instant crime, such as the Defendant’s age, character and conduct, intelligence and environment, and the motive and circumstance of the instant crime

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

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