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(영문) 서울북부지방법원 2013.04.03 2012노1632

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. In light of all the circumstances, including the motive of the instant crime, the Defendant’s age, character and conduct, environment, family relationship, circumstances after the instant crime, etc., the Defendant’s sentence imposed by the lower court is too unreasonable, as it is not reasonable, considering the following circumstances: (a) the Defendant, while driving a truck under the influence of 0.158% of alcohol content, he/she could have led not only the Defendant himself/herself but also another person’s life while driving the truck; and (b) the Defendant, while driving the truck under the influence of alcohol content 0.158%, he/she could have inflicted bodily injury on the Defendant; (c) the Defendant did not agree with the victims; and (d) the Defendant’s motive for the instant crime; (d) the Defendant’s age, character and conduct, family relationship, and circumstances after the instant crime, etc., are considered as conditions for sentencing under Article 51 of the Criminal Act as stated in the records and arguments.

3. If so, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.