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(영문) 서울동부지방법원 2016.04.28 2015노1521

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unreasonable.

2. In full view of all other circumstances, including the defendant's age, sex, environment, motive, means, and consequence of the crime, etc., the sentence imposed by the court below is appropriate and too unreasonable, and considering that the defendant's blood alcohol concentration is considerably high at 0.184% at the time of his driving under the influence of alcohol, and that the vehicle parked on the road during driving under the influence of alcohol of this case causes a contact accident with the vehicle parked (the favorable circumstances, such as the fact that the defendant called to the other party immediately after the accident and notified the other party of the occurrence of the accident, etc., are considered to have already been reflected in the sentence of the court below) and all other circumstances that are conditions for sentencing as shown in the records and arguments.

3. According to the 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, and it is so decided as per Disposition (as the "criminal facts" of the judgment of the court below appears to be a clerical error, it shall be corrected to delete it.)