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(영문) 서울중앙지방법원 2015.03.19 2015노242

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. The judgment appears to be in depth and reflect on the instant crime. The Defendant appears to have suffered from most of the instant crime and the previous criminal records, and the Defendant himself/herself seems to have made considerable efforts to treat these symptoms. The Defendant is liable for the livelihood of his/her spouse and her family members for nine months after her birth, the Defendant’s family members are taking care of the Defendant, and the previous suspended sentence may be invalidated if the judgment that sentenced the Defendant to imprisonment becomes final and conclusive.

However, even if the Defendant had a large number of criminal records and had already been placed on one occasion in 2014, the Defendant was involved in a traffic accident while driving under the influence of alcohol without a license during the period of suspension of execution, and the blood alcohol concentration is considerably high, and the possibility of causing the victim cannot be ruled out due to such crime.

In full view of the aforementioned circumstances and various circumstances, including the Defendant’s age, character and conduct, environment, and circumstances leading to the sentencing as shown in the pleadings, the lower court’s sentence is too unreasonable even if considering all favorable circumstances for the Defendant.

Defendant’s assertion is without merit.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.