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(영문) 서울중앙지방법원 2018.08.30 2018노1559
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (six months of imprisonment) is too unreasonable.

2. The judgment that the Defendant recognized the facts of crime and divided the facts of crime, and there are circumstances favorable to the Defendant, such as that the Defendant’s blood alcohol concentration at the time of driving of the instant case is not high and that the Defendant did not cause a traffic accident.

However, as stated in the first head of the crime of the lower judgment, the Defendant was punished twice by a fine for drinking driving in 2011 and 2016, and around 2017, the Defendant was not aware of the fact that he had been sentenced to a suspended sentence of imprisonment due to driving without a license for drinking, and again repeated the same crime during the grace period without being aware of the fact that he had been sentenced to a suspended sentence of imprisonment. In full view of the circumstances unfavorable to the Defendant, such as the Defendant’s age, sexual behavior, environment, the background and result of the crime, and other various circumstances that are the conditions for sentencing as indicated in the instant records and arguments, the lower court’s sentence is 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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