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(영문) 서울고등법원 2013.04.11 2013노268
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. Determination is a condition for sentencing favorable to the defendant, such as the fact that the defendant is breaking his mistake in depth in this court, and that the defendant is divorced and lives alone.

However, the Defendant had a record of being punished by a fine of one million won for drunk driving in 2008, and on April 5, 2012, when driving a motor vehicle accident while driving a motor vehicle at the Yancheon Branch of the Daejeon District Court, the Daejeon District Court did not know about the occurrence of a traffic accident while being sentenced to two years of suspension of execution in August, 201 and caused a contact after driving a motor vehicle without a driver's license again at the grace period. At the time of the instant crime, the Defendant's blood alcohol level reaches 0.121%, and the degree of its drinking alcohol level reaches 0.121%, and other circumstances such as the Defendant's age, character and behavior, intelligence and environment, and circumstances after the instant crime are considered as a whole, the sentence of the lower court cannot be deemed to be unfair because it is adequate and too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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