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(영문) 대구지방법원 2012.10.30 2012노2120
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the fine of KRW 3,000,000 sentenced by the lower court is too unreasonable.

2. Although the Defendant was in depth divided his mistake, the Defendant had been punished once for the same offense for the last ten years, and the blood alcohol concentration of the Defendant was relatively high by 0.130% at the time of the instant crime. However, the lower court has already determined a punishment by lowering the amount of fine higher than that provided in the summary order.

In light of these circumstances, given the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the instant records, such as the circumstances after the crime, the sentence imposed by the lower court is appropriate and too unreasonable. Therefore, the Defendant’s above assertion is without merit.

3. Therefore, 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 groundless. It is so decided as per

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