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(영문) 서울중앙지방법원 2016.08.25 2016노1269

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of suspended sentence in six months of imprisonment) is too unreasonable.

2. The conclusion that the Defendant recognized the instant crime, and that the blood alcohol concentration is 0.051%, etc. are favorable to the Defendant. However, even if the Defendant had already been punished four times or more due to drinking driving, the crime of this case is very bad, and other circumstances, including the Defendant’s age, sexual behavior, and circumstances after the crime, etc., the sentence imposed by the lower court is too heavy, in full view of the following circumstances: (a) the Defendant’s punishment imposed by the lower court is too excessive.

It does not seem that it does not appear.

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. It is so decided as per Disposition.