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(영문) 서울중앙지방법원 2018.05.18 2018노421
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) is too unreasonable because of the lower court's punishment (6 months of imprisonment).

Judgment

It is recognized that the Defendant appears that all of the instant crimes were led to the confession of the Defendant and the attitude against the mistake, the vehicle owned by the Defendant was also sold, the Defendant was trying to treat alcohol respect, and the Defendant’s family and branch are seeking the Defendant’s wife.

However, the Defendant had been punished for drinking and driving without a license since 2010. In particular, the Defendant was sentenced to a suspended sentence for driving without a license in 2012 and was sentenced to a punishment in the first instance court due to the refusal of drinking alcohol measurement during the period of the suspended sentence. However, even though he had the record of being sentenced to a fine of 10 million won in the appellate court, the Defendant again committed the instant crime even though he had the record of being sentenced to a fine of 10 million won in the appellate court, there is no change of circumstances that may otherwise determine the lower court and the punishment at the trial, and there is no other change of circumstances that could be determined differently from the lower court. In full view of the Defendant’s age, sexual behavior, environment, motive, means and consequence of the instant crime, etc., the lower court’s punishment appears to be reasonable and appropriate, and it cannot be deemed unfair due

Therefore, the defendant's assertion is not accepted.

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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