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(영문) 서울고등법원 2013.06.27 2013노1494
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered on the defendant (the fine of KRW 6,00,000) is too unreasonable.

2. It is recognized that the circumstances such as the Defendant’s confession to commit the instant crime, and the fact that the distance of driving under the influence of alcohol is not relatively long, the primary offender, and the damage part of the apartment guard room is deemed to have been recovered by being treated as a comprehensive insurance.

However, the crime of this case leads to an accident where the defendant drives his own car in a state of 0.259% alcohol concentration, and the liability for the crime of this case is not against the law, and the crime of this case leads to an accident where apartment guards are charged. In light of the degree of damage to the above car and apartment guard room, etc., it seems that the defendant's age, character and behavior, environment, motive, means and method of the crime, and various sentencing conditions as shown in the arguments of this case such as the defendant's age, character and behavior, environment, motive and method of the crime, circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's argument cannot be accepted.

3. 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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