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(영문) 서울북부지방법원 2018.06.21 2018노600
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In light of the fact that the Defendant was punished for a fine on the grounds of appeal three times in the past, and that there was a 4-time driving record of non-licenseing driving (the two-time driving is punished as drinking) other than the previous three-time driving, and that the Defendant’s blood alcohol concentration level at the time of the instant case also high, choice of imprisonment to the Defendant is inevitable.

Although there are no circumstances that may be considered in light of the circumstances, such as the fact that the Defendant fully recognized the instant crime, the lower court appears to have sentenced the lowest sentence after reducing the amount of punishment, considering such circumstances sufficiently.

In addition, even if all the sentencing conditions shown in the argument of this case, such as the defendant's family environment and the circumstances after the crime, are examined, the sentence of the court below cannot be deemed to be too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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