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(영문) 서울중앙지방법원 2015.07.23 2015노1413

도로교통법위반(음주운전)

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 following facts are the circumstances favorable to the Defendant: (a) the Defendant is deeply divided and reflected in the instant crime; (b) the Defendant’s sentence of imprisonment with prison labor against the Defendant became final and conclusive; (c) there is possibility of invalidation of the previous sentence of suspended execution; and (d) efforts have been made for national interest

However, the Defendant has already been punished for drunk driving, and even though having been sentenced to a suspended sentence due to the crime of violation of the Road Traffic Act, it should not be considered that the Defendant again driven the instant drinking prior to the expiration of the suspended sentence period, and that the possibility of the occurrence of the victim cannot be ruled out due to such repeated crimes.

In full view of the aforementioned circumstances and circumstances, including the Defendant’s age, character and conduct, environment, family relationship, circumstances after the commission of the crime, and circumstances after the commission of the crime, the lower court’s punishment cannot be deemed to be excessively 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.