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(영문) 대구지방법원 2015.01.15 2014노2561
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 Defendant did not have any record of being punished for the same crime, and did not repeat the crime of this case in depth.

However, the blood alcohol concentration of the defendant was higher than 0.157%, and the defendant's vehicle caused the accident that the defendant's vehicle moves to the right side.

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 won but not more than five million won. The lower court, taking into account the circumstances that the Defendant’s economic situation is difficult, determined the amount of the fine which is the lowest of the statutory penalty after selecting the fine.

In addition, considering the equity of punishment with similar cases, the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the records and arguments of this case, it cannot be deemed that the sentence imposed by 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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