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(영문) 서울동부지방법원 2016.06.23 2015노1127

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won penalty) imposed by the court below on the defendant is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, examining the following factors: (a) the alcohol concentration level of the blood of this case does not lower; (b) KRW 5 million is the lowest statutory penalty; (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, sex, environment, motive, means and consequence of the crime; (b) the sentence imposed by the lower court against the Defendant is appropriate and too unreasonable.

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.

참조조문