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(영문) 대구지방법원 2013.04.11 2012노3634
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 (three million won of a fine) is too unreasonable.

2. The judgment of the defendant provides that the crime of this case is to be driven under the influence of alcohol by 0.112%, and the case is not easy, driving under the influence of alcohol is highly likely to be subject to criticism in that it is highly likely to cause traffic accidents. Article 148-2(2)2 of the Road Traffic Act provides that a person whose blood alcohol content is not less than 0.1% shall be punished by imprisonment with prison labor for not less than six months but not more than one year or by a fine not less than three million to not more than five million won. The court below selected the fine among them, and sentenced the defendant to the minimum statutory punishment; the defendant's age, character and behavior, environment, motive and background leading to the crime of this case, method and consequence of the crime, circumstances before and after the crime, etc., it is difficult to deem that the sentence of the court below is too unreasonable.

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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