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(영문) 창원지방법원 2017.06.08 2017노333
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable. The punishment (4 million won) imposed by the defendant is too unreasonable.

2. There are extenuating circumstances, such as the fact that the Defendant recognized all of the crimes and reflects, that the Defendant was the first offender who had no previous criminal record, and that there is a family member to support the Defendant.

However, the Defendant’s blood alcohol concentration at the time was considerably high by 0.181%; the distance driven by the Defendant was not shorter than 20km; when the blood alcohol concentration between 0.1% and 0.2% is more than 0.0%, the Defendant’s blood alcohol concentration is more than 3 million won but not more than 5 million won. Considering that the Defendant’s blood alcohol concentration is equal to 0.2% and driving distance, the lower court’s punishment determined as a fine of 4 million won within the above scope is appropriate; the Defendant’s age, environment, sex, circumstances leading to the Defendant’s crime, and circumstances before and after the crime, etc., it is not recognized that the sentence imposed by the lower court is unfair because it is too unreasonable.

3. As such, 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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