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(영문) 서울남부지방법원 2019.07.11 2019노666
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.

2. The Defendant recognized the facts charged and opposed to the mistake.

The defendant's family members are also aware of the defendant's intention to receive alcohol addiction treatment.

However, drinking driving is highly likely to harm the life, body and property of others as well as the driver himself/herself.

The defendant has been punished for the violation of the Road Traffic Act 7 times even though he had the history of punishment, and the execution of punishment has been completed for the violation of the Road Traffic Act 4 months.

The blood alcohol concentration at the time of crime reaches 0.114%.

In addition, comprehensively taking into account the following circumstances, such as the Defendant’s age, character and conduct, motive and background of the offense, and circumstances after the offense, etc., the sentencing of the lower court cannot be deemed as being excessively unreasonable because it goes beyond the reasonable discretion.

The defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

[However, the facts constituting the crime of the judgment below are clearly stated in the summary order of KRW 2 million in Part 3 of the Criminal Procedure Code, and the defendant's summary order of KRW 2 million in the Seoul Western District Court was issued on August 4, 2009 as a fine of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Seoul Western District Court on July 1, 2013, and the summary order of KRW 1.5 million was issued on April 8, 201 as a fine of KRW 2 million for the crime of violation of the Road Traffic Act in the Gyeyang Branch Branch of the Suwon District Court on April 8, 201, and corrected as a penalty of KRW 2 million for the violation of the Road Traffic Act in accordance with Article 25 (1) of the Regulations on Criminal Procedure.

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