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(영문) 서울서부지방법원 2016.08.25 2016노769
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the court below was based on the following: (a) the Defendant led to the confession and reflect of the instant crime; (b) the Defendant was sentenced to a fine on five occasions or to a suspended sentence of imprisonment due to the crime of driving alcohol or driving without a license even before the instant case; (c) the Defendant committed the instant crime even if he was sentenced to a fine of eight million won or more due to drinking or driving without a license during the suspended sentence period; (d) the Defendant was sentenced to a fine of eight million won or more during the suspended sentence period; (c) the alcohol concentration in the instant blood transfusion was considerably high to 0.134%; (d) the Defendant’s age, career, sexual behavior; (e) the background leading to the instant crime; and (e) the circumstances after the crime, etc., the sentence of the court below is deemed appropriate in full view of all the factors indicated in the arguments and the record.

The defendant's argument of sentencing is without merit.

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.

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