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(영문) 서울중앙지방법원 2018.08.23 2018노897
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (six months of imprisonment) is too unreasonable.

2. The judgment is the young age of 23 years of age, and there are favorable circumstances for the defendant, such as recognizing the facts of the crime and being repented.

However, in the past, the defendant was under a protective disposition due to drinking or non-licensed driving in the juvenile trial, and in the year 2017, when driving a vehicle while normal driving is difficult due to drinking, again committing the crime of this case during the period of suspension of the execution of imprisonment without being aware of the fact that he had been punished for a traffic accident while driving the vehicle, and without being aware of the fact that the blood alcohol level of the defendant at the time of driving the alcohol of this case is high to 0.166%, the defendant moved from the driver's seat to the rear seat at the time of the crackdown, and thereafter, the defendant was driving a woman-friendly Gu B or Gu I, who is the same passenger during the investigation process.

In full view of the circumstances unfavorable to the Defendant, including the fact that the court below continued to make a false assertion and that the circumstances after the commission of the crime are not good, and the Defendant’s age, sex, environment, circumstances, and result of the crime, etc., as well as various other circumstances that form the conditions for sentencing as shown in the records and arguments in the instant case, the sentence of the court below 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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