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(영문) 서울북부지방법원 2014.11.20 2014노1093

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (4 million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. The judgment is based on the following facts: although the defendant's mistake is recognized and the degree of injury suffered by the victim is not serious; the defendant agreed with the victim; the defendant has no record of punishment for the same kind of crime, the court below is deemed to have sentenced to a fine of KRW 4 million reduced by a fine of KRW 5 million according to the summary order after discretionary mitigation in consideration of all the favorable circumstances in the defendant, and the defendant's each crime of this case is likely to cause a traffic accident while driving albbbbb in a situation where it is difficult to drive normally due to its influence due to significant blood alcohol concentration, and the nature of the crime is not easy, and other various circumstances, such as the motive and circumstances leading to each crime of this case, the circumstances before and after the crime, the defendant's age, character and conduct, occupation, occupation, and family relationship, etc., which are the conditions of punishment as shown in the records, are considered to be too unreasonable.

3. As such, 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.