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(영문) 대전지방법원 2016.06.22 2015노2540
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 (2 million won in penalty) is too unreasonable.

2. The judgment can be recognized as favorable circumstances such as the defendant's all of the crimes of this case, the first offender, etc.

However, there is a low alcohol concentration among the blood of the defendant at the time.

The Defendant cannot be said to have been under the influence of alcohol to the extent that he was under the influence of sleep while driving, and the Defendant’s drinking as above caused a specific and considerable danger to road traffic due to the Defendant’s driving of alcohol.

According to the circumstances such as the fact that the defendant's liability is less than that of the defendant.

subsection (b) of this section.

In full view of the above circumstances and other various sentencing conditions indicated in the records, such as the Defendant’s age, sexual conduct, environment, motive for crime, and circumstances after crime, there is no special circumstance that the lower court’s punishment and punishment are different, the lower court’s punishment is too unreasonable.

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

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