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(영문) 청주지방법원 2013.10.24 2013노601
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 court below acknowledged the defendant's mistake and reflects it when it comes to the trial. However, the Road Traffic Act provides that a drinking driving is strictly punished due to an act inherent in the risk of not referring to the general public. Although the defendant was punished for a drinking driving, he/she again takes into account the following circumstances: the defendant's age, character and behavior, environment, motive, means and consequence of the crime in this case, and other circumstances that are conditions for sentencing as shown in the arguments and records of this case, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., it is not recognized that the sentence of the court below is too unreasonable. Thus, the defendant's assertion is without merit.

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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