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(영문) 서울서부지방법원 2018.02.01 2017노1490
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unreasonable because it is too unreasonable that the sentence of the court below (two years of suspended sentence in six months of imprisonment and forty hours of the lecture attendance order) is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant led to the instant crime and led the Defendant to reflect his mistake; and (b) the drinking value of the instant case was relatively high.

However, prior to the instant case, the Defendant had a record of being punished twice a fine due to drinking, and even five months after being sentenced to a summary order of a fine of KRW 2 million due to driving on January 26, 2017, driving of the instant case again, driving of the instant case on the grounds that the Defendant did not have been sentenced to a fine of KRW 2 million due to driving on drinking on or around January 26, 2017, and the distance of driving on drinking is not shorter than the distance, there is no change of circumstances favorable to the Defendant in the instance, and there is no other change of circumstances that may be considered favorable to the Defendant in light of the Defendant’s age, sex, environment, the circumstances and consequence of the instant crime, etc., the lower court’s sentence is too too too unreasonable, and thus, the Defendant’s argument

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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