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(영문) 서울고등법원 2013.10.08 2013노2372

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The penalty (10 million won of a fine) declared by the court below is too unreasonable in light of the gist of the grounds for appeal.

2. The judgment of the defendant is an element of sentencing favorable to the defendant, such as the fact that the defendant's mistake is divided and reflected, the fact that the defendant did not cause a traffic accident due to driving without a license for drinking alcohol in this case, and the fact that the state of health is not good and is in an economically difficult situation.

Meanwhile, the crime of this case is committed by the defendant while under the influence of alcohol level of 0.206% without a driver's license, and the nature of the crime is not good. The defendant committed the crime of this case without being aware of the defendant's age, character and behavior, intelligence, environment, and circumstances after the crime even though he was sentenced to a suspended sentence of one year and six months on July 15, 201 due to the crime such as causing a traffic accident while driving under the influence of alcohol at the Jung-gu District Court on July 15, 201, which was sentenced to a suspended sentence of two years on July 15, 201.

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