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(영문) 서울서부지방법원 2016.12.22 2016노1314
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below's sentence (two years of suspended execution in August and forty hours of the law-abiding driving lecture) of the summary of the grounds for appeal is too unreasonable.

2. In light of the following facts: (a) the Defendant made a confession of and made a mistake against the Defendant; (b) the Defendant committed the instant crime of drinking alcohol when not only several times of criminal punishment, but also five or more times of punishment due to the crime of drinking alcohol driving; (c) the blood alcohol level of the Defendant does not fall under 0.090%; and (d) the conditions of the pleadings and the sentencing indicated in the records, such as the Defendant’s age, career, character and conduct, are considered appropriate.

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 since it is without merit. It is so decided as per Disposition.

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