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(영문) 서울남부지방법원 2018.08.16 2018노718

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one hundred months of imprisonment) is too unreasonable.

2. There is no special circumstance or change of circumstances that can be newly reflected in sentencing after the judgment of the court below was rendered.

Defendant recognized the instant crime

However, the court below's sentencing cannot be determined by comprehensively taking into account the following circumstances: (a) a person who may inflict serious harm on another person's life and body; (b) a person who is under the influence of alcohol is under the influence of alcohol; (c) a person who is under the influence of alcohol seems to have been under the influence of alcohol; (d) a person who has been under the influence of alcohol was under the influence of alcohol; (e) a person who has been under the influence of alcohol was under the influence of alcohol; (e) a person who has been under the influence of alcohol once he was under the influence of alcohol (including once the suspension of execution); and (e) a person who has been under the influence of alcohol has repeatedly been under the influence of alcohol to the extent that the former has been under the influence of five times (including once the suspension of execution); (e) a person who had been under the influence of alcohol, was under the influence of alcohol, and was under the influence of alcohol again under the influence of alcohol to commit the crime of this case; and (e) a person has been under the influence of alcohol.

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.