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(영문) 서울서부지방법원 2018.06.28 2018노494

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. Determination: (a) the blood alcohol content of the instant blood is high; (b) the Defendant was caused by an accident involving drinking; (c) the Defendant was punished by a fine for driving under the influence of alcohol in 2005; (d) the Defendant was punished by a suspended sentence of imprisonment due to the crime of causing injury to driving under the influence of alcohol in 2006; (c) the Defendant was under the same record of being punished by a suspended sentence of imprisonment due to the crime of causing injury to driving under the influence of driving under the influence of alcohol in 201; (d) the Defendant did not engage in a suspended sentence of imprisonment due to interference with the driver’s use of official duties; and (e) took into account the favorable circumstances that the Defendant’s mistake is against the Defendant; and (e) comprehensively taking into account all the conditions on the sentencing of the instant case, including

There is no change in circumstances that it is unfair to maintain it in the trial and that it is unfair to maintain it as it is.

Defendant’s assertion is not accepted.

3. 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 the judgment of the court below is erroneous in the application of the law, and thus, the “presidential choice” in the application of the law is correct.