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(영문) 대전지방법원 2016.12.07 2016노1593
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 (7 million won of a fine) is too unreasonable.

2. It is recognized that the circumstances such as the defendant's time to commit the instant crime and the driving distance of drinking are not long.

However, according to the circumstances such as the fact that the defendant's blood alcohol concentration level was high at the time, that caused an accident of shocking another person's vehicle parked due to the driving of the drinking of this case, and that the defendant committed the crime of this case even though he had been punished several times due to the same kind of crime, it is reasonable to place the defendant with severe punishment.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the original judgment and the punishment different from the circumstances after the crime, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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