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(영문) 대전지방법원 2016.11.16 2016노1360
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 (two million won of fine) is too unreasonable.

2. There is no record that the defendant was punished for the same crime, and the circumstances to be considered such as accepting the crime of this case are recognized.

However, according to the circumstances such as the fact that the Defendant's blood alcohol concentration level was considerably high at the time, the distance of drunk driving is not short, and the fact that the Defendant caused a traffic accident while driving under the influence of alcohol, the Defendant's liability for the crime cannot be deemed to be somewhat weak.

In addition, taking into account all the circumstances favorable to the defendant, the court below sentenced a sentence lower than the statutory punishment by discretionary mitigation, and taking account of the following: (a) the defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (b) there are no special changes in the circumstances after the crime; and (c) the court below’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 ground that it is without merit. It is so decided as per Disposition.

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