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(영문) 서울중앙지방법원 2017.11.24 2017노3441

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The judgment that the Defendant made a confession and reflect on all of the instant crimes, and that the Defendant would not repeat the crime.

However, the defendant had already been punished three times due to the crime of violating the Road Traffic Act (drinking). In particular, even if he was sentenced to a fine of KRW 8 million due to the same crime on March 2, 2017, the defendant committed the crime of this case again within 3 months and 4 months, and the degree of his main practice is significant, such as the amount of alcohol content in blood at the time of the crime of this case, up to 0.136%, and the defendant is still in the period of repeated crime due to larceny, etc., and there is no special change in circumstances that make it possible for the court below to change the sentence in the appellate trial, the defendant's age, sex, sex, environment, family relations, motive and means of the crime, circumstances after the crime of this case, etc., the defendant exceeded the scope of reasonable discretion by excessively leaving the sentence imposed by the court below and exceeding the scope of reasonable sentencing discretion.

shall not be deemed to exist.

Therefore, the defendant's argument of sentencing is not accepted.

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.