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(영문) 서울동부지방법원 2017.03.24 2016노2123

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of 6 months sentenced by the court below to the defendant is too unreasonable.

2. The crime of this case is a case of driving a motor vehicle under the influence of 0.222% without a driver's license when the defendant, who has been punished as a crime of violating the Road Traffic Act at least twice.

The lower court sentenced six months to the instant crime on September 24, 2015, considering the following: (a) under the favorable circumstances for the Defendant: (i) when a sentence of imprisonment with prison labor for the instant crime is finalized and confirmed as a result of the instant crime; (b) when the Defendant and his family members were to serve in prison for the period of ten months suspended; (c) the economic difficulties of the Defendant and their family members seem to be significant; (d) when the Defendant and his family members were to go against the foregoing; (b) when the Defendant were subject to a fine twice due to drinking; (c) when the Defendant was under the unfavorable circumstances; and (d) when the damaged vehicle was sentenced to a heavy traffic accident to the extent that the vehicle would have been recovered from the expressway and escape; and (d) when the Defendant was sentenced to a two

In full view of the above various circumstances, the sentencing of the lower court seems to have been appropriately determined by fully considering these circumstances, and it is difficult to find out other special circumstances to change the above punishment.

Ultimately, the defendant's argument that the above sentencing is unfair is groundless and thus 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.