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(영문) 수원지방법원 2016.09.23 2016노1019
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 (3 million won in penalty) is too unreasonable.

2. Determination is a favorable sentencing condition for the defendant, such as the fact that the defendant recognized the instant crime and reflects the fact that the defendant has no record of punishment exceeding the fine, etc.

However, prior to the crime of this case, the Defendant had the history of criminal punishment for the crime of violation of the Road Traffic Act (drinking), and the Defendant was driving under the influence of 0.125% alcohol concentration in blood. The statutory penalty is either imprisonment of not less than six months but not more than one year or a fine of not less than three million to not more than five million won (Article 148-2(2)2 of the Road Traffic Act). In full view of the following circumstances, the Defendant’s punishment of a fine of not less than three million won imposed by the lower court is the lower limit of the above statutory punishment, and other various circumstances, including the Defendant’s age, sex, environment, family relationship, conditions after the crime, etc., which are conditions for the sentencing of this case, the lower court’s punishment is too unreasonable, and thus, the Defendant’s allegation of the above punishment is not acceptable.

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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