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(영문) 대구지방법원 2015.05.12 2014노3428
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of four million won) imposed by the court below is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant’s judgment reflects the wrong driving that the Defendant did not repeat the crime; (b) the distance operated is relatively short of 100 meters; and (c) the Defendant’s economic situation is difficult.

However, the drinking driving is a serious crime that may endanger the life and body of himself/herself and other persons, and there is a need for the defendant to strictly punish him/her because he/she committed the crime in this case even though he/she had the same criminal record, his/her blood alcohol level is 0.159% high, and the nature of the crime is very heavy, and other sentencing conditions specified in the records and arguments of this case, such as equity in punishment with similar cases, the age of the defendant, character and conduct, and environment, are examined, it cannot be said that the sentence of the court below is too unreasonable.

3. 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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