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(영문) 서울동부지방법원 2017.05.12 2017노272
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (six months of imprisonment) rendered by the court below is too unreasonable in light of the fact that the family should support the summary of the grounds for appeal (unfair sentencing) and that it is against the law.

2. The lower court determined that the person would not drive drinking again under favorable circumstances (1).

In addition to the fact that the crime was committed in depth, there is no other punishment force except the punishment for drinking driving three times under the following, ② in unfavorable circumstances, the fact that the defendant has already been punished for driving three times, and the defendant drives the drinking again even if he has already been punished for driving under the influence of drinking, and in particular, in 2015, the two victims have been injured by driving under the influence of drinking and driving under the influence of drinking again during the suspension period after being sentenced to the two years of the suspension of the execution, and the above one was sentenced to the punishment as referred to in the above 1.

In full view of the above circumstances and other arguments and records, the sentencing of the lower court appears to have been appropriately determined by fully considering the various sentencing grounds asserted by the Defendant, and there are no special circumstances to the extent that the above punishment is modified.

Ultimately, the defendant's argument that the above sentencing is unfair is groundless and thus 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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