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(영문) 서울중앙지방법원 2018.12.13 2018노2790
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (the imprisonment of eight months, the suspension of execution of two years, the community service hours of 80 hours) is too unreasonable.

2. The judgment has favorable circumstances for the defendant, such as the fact that the defendant recognized the facts of the crime, the fact that there is no past record of punishment exceeding the fine, and the distance of drinking driving is not too long.

However, drinking driving is a crime that may cause serious harm to the life and body of other people who use the road as well as their driver by increasing the possibility of traffic accident, and requires strict punishment for it, and the defendant has been punished for a fine twice in 2012 and 2015, and again commits the crime in this case despite the fact that he had been punished for a drinking driving in 2012 and 2015, and the defendant repeats the crime in this case. At the time of driving the drinking of this case, the defendant's blood alcohol concentration at the time of driving of this case is considerably high as 0.10% and is disadvantageous to the defendant and other circumstances that are the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, sex, environment, circumstances after the crime, and results, it cannot be said that the sentence of the court below is unfair because it 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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