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(영문) 대전지방법원 2015.05.22 2014노3066
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 (three million won of fine) is too unreasonable.

2. Determination

A. There are extenuating circumstances, such as the confession of the instant crime and the violation of the law, the fact that there is no previous punishment or sentence, and the fact that the Defendant underwent surgery with the captain cancer, etc., and that the health condition is not good.

B. On the other hand, in light of the circumstances that cause an accident that causes damage to another person's vehicle parked due to the drinking driving of the instant case, the Defendant's responsibility is not weak.

The sentence of the lower court is reasonable in light of all the sentencing conditions indicated in the instant case, such as the fact that the sentence is the lowest sentence of the applicable body in law, the numerical value of blood alcohol concentration, the Defendant’s age, family relations, living environment, motive, circumstance and consequence of the crime, etc., and the circumstances after the crime.

3. The appeal by the defendant is without merit and it is so decided as per Disposition in accordance with Article 364(4) of the Criminal Procedure Act.

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