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(영문) 대전지방법원 2017.12.13 2017노1988
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to two million won) is too unreasonable.

2. The Defendant’s judgment recognized the instant crime and against the mistake, and did not repeat the crime.

It is advantageous to the fact that it is difficult to support the mother, that it is difficult to provide economic circumstances, and that the health status of the defendant is not good.

However, the crime of drinking driving is an offense that may cause harm to the life and property of others as well as himself/herself, and there is a need to strictly punish it, and the fact that the defendant has a record of being punished by a fine due to the same kind of drinking driving.

In full view of the above circumstances and other various sentencing conditions indicated in the record, such as the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that may otherwise determine the original judgment and the punishment, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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