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(영문) 서울남부지방법원 2019.02.12 2018노1930
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. It is recognized that the defendant paid a considerable amount to the victim of the crime of injury.

However, the Defendant committed the instant injury only 4 months after release, and it is difficult to find out the attitude of reflectiveness, such as committing the act of drinking and driving without obtaining a license, without being guilty after the indictment was instituted due to the injury. The social risk and harm of the crime of drinking driving is high, and the numerical value of the instant drinking driving is 0.137% in light of the content of the crime and the criminal intent of the Defendant is bad, the Defendant has a criminal record of being punished for the same kind of crime. The lower court appears to have determined the sentence in consideration of all favorable circumstances for the Defendant, and there is no reason to reduce the sentence differently, and considering the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the Defendant’s argument is not reasonable. Therefore, the Defendant’s assertion is without merit.

[However, among the facts charged by the judgment below, the second sentence of "the victim who was known to the general public" in the second sentence of "2018 Highest 4032" shall be corrected as "the victim G (the remaining and the age of 25) who was known to the general public"]. 3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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