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(영문) 서울동부지방법원 2013.04.11 2013노39
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 1,500,000 won) of the lower court’s sentencing (e., 1,500 won) is too unreasonable.

2. The judgment is against the defendant's wrong mistake, the defendant is old, and the health condition of the defendant is not good. However, on October 23, 2009, the defendant again committed the crime of this case without being aware of the suspended sentence after being sentenced to a judgment of suspension of sentence for the same crime at the Seoul East East District Court on the same day, Seoul East District Court on October 23, 2009, and the drinking driving is a highly dangerous criminal act that may cause serious damage, and there is a need to strictly punish the crime of this case. In the case of the crime of this case where the defendant driving under the state of drinking alcohol concentration of 0.063%, the defendant actually committed the crime of this case with the influence of causing physical damage by shocking other vehicles while driving under the influence of alcohol, and considering the conditions of sentencing as shown in the argument of this case such as character, environment, motive, means and consequence of the crime, the punishment of the court below seems to be inappropriate, and it is not unreasonable.

3. Accordingly, 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 groundless. It is so decided as per Disposition.

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