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(영문) 창원지방법원 2013.05.23 2012노1948
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the summary of the grounds for appeal is confessioned by and against the defendant, and that there are many incomes from the defendant on a daily basis, the punishment imposed by the court below (2 million won of fine) is too unreasonable.

2. Even when considering the circumstances alleged by the Defendant, considering the fact that the Defendant had been sentenced twice as a crime of violation of the Road Traffic Act, and again repeated the instant crime despite the past history, the Defendant’s blood alcohol concentration at the time of the instant crime is considerably significant, and the Defendant’s personality, conduct and environment, etc., and all other circumstances that form the conditions of sentencing as shown in the records and arguments, it cannot be deemed that the sentence imposed by the lower court is unreasonable. Thus, the Defendant’s above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

However, the applicable column of the judgment of the court below

1. Article 148-2 subparagraph 1 of the Road Traffic Act of the pertinent Article of the Act on Criminal Procedure and subparagraph 1 of the selection of punishment are clearly written errors. Thus, Article 25(1) of the Regulations on Criminal Procedure shall be corrected to “Article 148-2 subparagraph 1 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011; Act No. 10790, Dec. 9, 201).”

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