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(영문) 서울북부지방법원 2013.12.05 2013노1169

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

(a) there was an error in the calculation of blood alcohol concentration, even though there was no misunderstanding of facts outside the flusium;

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, since the defendant can be found to have driven the blood alcohol concentration of 0.117%, the defendant's allegation in this part is without merit.

B. In full view of the records of the instant case of unfair sentencing and all the sentencing conditions indicated in the arguments, the lower court’s sentence is too unreasonable.

3. Therefore, 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