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(영문) 서울북부지방법원 2018.09.07 2018노1081
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The defendant recognized his mistake and again refused to drive drinking.

It is favorable to the defendant.

However, the Defendant’s blood alcohol concentration at the time exceeds 0.17%, which is more than 0.05% permitted under the law, and the Defendant was punished twice the suspension of the execution of imprisonment with prison labor due to drinking driving and three times the fine was punished by a fine, even though he was under the suspension of the execution of the punishment, and committed the instant crime of drinking with drinking again under the license even though he was under the suspension of the execution of the punishment. The driving of drinking is highly likely to cause serious damage to another person’s life, body, or property, and the Defendant’s age, sex, sex, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, and circumstances after the crime, etc. are too unreasonable.

3. 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.

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