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(영문) 광주지방법원 2013.06.12 2013노752
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (4 million won of a fine) is too unreasonable.

2. The judgment of the court below is based on the following facts: the defendant's confession of criminal facts and the defendant's blood alcohol level is high 0.166% at the time of regulation, but it is recognized that the defendant's blood alcohol level is high at 0.16% at the time of regulation; the defendant was punished once by a fine due to the violation of the Road Traffic Act due to the influence of alcohol driving; the distance of drunk driving is less than 3 km; the court below has already determined a punishment by taking into account the circumstances favorable to the defendant; the court below has no change of circumstances to be considered in sentencing after the decision of the court below was rendered; and all other sentencing conditions specified in the records and arguments of this case are considered to be inappropriate because the sentence of the court below is too excessive.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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