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(영문) 광주지방법원 2013.08.21 2013노1063
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. The judgment of the defendant is against the defendant's confession of a crime; the defendant does not cause any traffic accident; the defendant is found to have been exposed to the drinking control; the blood alcohol concentration of the defendant is not high by 0.055%; the defendant's blood alcohol level is not long; although it is recognized that the distance of driving under the influence of alcohol is not long, the defendant's crime cannot be deemed to be less than that of the defendant when considering the fact that the defendant was punished once by a fine for the violation of the Road Traffic Act, once for other crimes, and the fact that the defendant was punished once by a fine for other crimes; the purpose of the revision of the Road Traffic Act, which was prepared to strictly prohibit the driving under the influence of the traffic safety, is to strictly prohibit the driving under the influence of the traffic, taking into account all favorable circumstances to the defendant; the court below seems to have determined the punishment by considering the fact that there is no special change in the trial; and other various circumstances that are the conditions for the sentencing specified in the records and arguments of this case, the above argument

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

[However, the court below's "application of the law" is clear that the second sentence "(s)" is a clerical error of "(s)", and the judgment of the court below is dismissed pursuant to Article 25 (1) of the Regulation on Criminal Procedure, and it is corrected as the judgment below is corrected.

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