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(영문) 서울동부지방법원 2013.10.10 2013노960

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) that the court below sentenced against the defendant is too unreasonable.

2. The judgment of the court below shows the attitude that the defendant committed the crime of this case while recognizing all of the crimes of this case is favorable to the defendant, but the drinking driving is highly likely to cause serious social harm, and the criminal act of this case requires strict punishment. The crime of this case was committed by the defendant with a 15km amount in the state of drinking alcohol concentration 0.095%, and the risk of drinking driving is realized as a result of contact with another person's vehicle in the process of the crime of violation of the Road Traffic Act, and the defendant has a record of criminal punishment for nine times as a crime of violation of the Road Traffic Act. In particular, from 202 to 2011, the defendant was sentenced one fine due to drinking driving, five times a suspended sentence of imprisonment due to non-driving driving, and the suspended sentence of the above imprisonment was sentenced by the District Court on June 30, 201, and the defendant seems to have been sentenced to the above imprisonment with prison labor, and it seems that there was no other unfavorable motive for the crime of this case as the above crime of this case.

3. Accordingly, 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 groundless. It is so decided as per Disposition.