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(영문) 서울중앙지방법원 2018.01.11 2017노4016
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unreasonable.

Judgment

The Defendant committed the instant crime even though he/she had been sentenced to a suspended sentence of two years on March 27, 2013 due to a violation of the Road Traffic Act (drinking driving), etc. on September 6, 2004, KRW 4 million of a fine on January 24, 2013, KRW 5 million of a fine on March 27, 2013, and KRW 5 million of a fine on May 23, 2013, and was sentenced to a suspended sentence of two years on May 23, 2013, and the Defendant committed the instant crime. At the time of the instant crime, the blood alcohol concentration is higher than 0.147%, which is disadvantageous to the Defendant.

However, the fact that the defendant is recognized as committing the crime of this case, the distance from driving under the influence of alcohol is short, the driver's vehicle is placed in the market for the secondhand trading, etc. (the trial record No. 24), and the fact that the family members and the branch members of the defendant want the defendant's preference, and the family-based and social relationship is maintained are favorable to the defendant.

In addition, considering the fact that there is no special change in circumstances that could change the sentence of the court below after the sentence of the court below, and the various circumstances that are the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex conduct, motive of the crime, and circumstances before and after the crime, since the sentence of the court below cannot be deemed to be unfair because the sentence imposed by the court below is too unreasonable

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

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