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(영문) 대전지방법원 2014.11.12 2014노1729
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., punishment of a fine of five million won) sentenced by the court below is too unreasonable.

Judgment

There are favorable circumstances such as the fact that the defendant is against his mistake, the circumstances leading to the crime, the fact that the crime of this case did not lead to a traffic accident, the fact that the defendant did not have the previous one since 2000, the fact that the defendant transferred the vehicle to another person and could repeat the crime is low, and the defendant's health condition is not good.

However, the crime of this case is deemed to have driven a motor vehicle while under the influence of 0.205%. At the time of the crime of this case, the blood alcohol concentration of the defendant was high so high that it might lead to an accident. The revised Road Traffic Act, which was a serious crime that may endanger the life and body of himself/herself and others, strengthened criminal punishment by raising the statutory punishment for the crime of this case. However, even though the criminal conviction of the defendant was committed in the same manner, there is a need for strict punishment for the defendant to commit the crime of this case. Taking full account of all other circumstances, including the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, etc., the sentence of the court below which sentenced the lowest sentence of the punishment of this case as stated in the record is too unfair. Thus, the above argument of the defendant is without merit.

In conclusion, 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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