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(영문) 서울고등법원 2013.07.04 2013노1638
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the court below (six months of imprisonment) is too unreasonable in light of the circumstances against the defendant in light of the gist of the grounds for appeal.

2. Although there are favorable circumstances such as that the defendant's mistake is against the judgment, the defendant has already been sentenced to the suspension of two times due to a non-license or a drunk driving, etc. and three times due to a fine. Among them, the defendant had the record of being sentenced to a fine of KRW 10 million due to a drunk driving again during the suspended execution period due to a drunk driving, etc., and the defendant has the record of being sentenced to a fine of KRW 10 million due to a drunk driving again during the suspended execution period due to a drunk driving, etc., and it is not possible to find any fact that he again committed the crime in this case after he was sentenced to a fine without a license during the suspended execution period due to a previous conviction, and the blood alcohol concentration at the time of the crime in this case was 0.214% higher than that of the defendant, considering the various conditions of sentencing as shown in the arguments in this case such as the age, character and behavior, environment, family relationship, motive for the crime, means and consequence of the crime, and circumstances after the crime, etc., it cannot be deemed unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as there is no ground to appeal.

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