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(영문) 광주지방법원 2013.04.05 2013노226
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below (the fine of 4 million won) is too heavy in consideration of various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The circumstances favorable to the Defendant include the fact that the Defendant recognized the instant crime and reflected that the Defendant would not repeat the instant crime again, the Defendant’s health is not good, and the economic situation seems to be difficult.

However, in that drinking driving is highly likely to cause a traffic accident, there is a high potential possibility of criticism, and the defendant's occurrence of an accident that causes the shock of another vehicle behind the vehicle while driving a vehicle while drinking alcohol, and the risk of drinking driving is realized. The defendant's blood alcohol content at the time of the crime of this case was higher than 0.195%, and the defendant was sentenced twice to a fine due to the violation of the Road Traffic Act, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, character, character, and environment, are considered as being too unreasonable. Thus, the defendant's 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 ground that the defendant's appeal is without merit. It is so decided as per Disposition.

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