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(영문) 서울중앙지방법원 2018.10.11 2018노1608
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (6 months of imprisonment and 2 years of suspended sentence) is too unreasonable.

2. The judgment that the Defendant recognized the facts of the crime and divided the facts of the crime, the alcohol concentration among the blood of the Defendant at the time of driving alcohol is relatively low as 0.056% and the distance of driving under the influence of alcohol is not long, and there are favorable circumstances for the Defendant.

However, in full view of the fact that the Defendant had been punished several times due to drinking driving in the past, and that the Defendant committed the instant crime again at the time when the degree of the past month was past, without being aware of the Defendant’s punishment on drinking driving on February 15, 2018, and that the Defendant committed the instant crime again at the time when the degree of the same month was past, the Defendant’s age, sex, environment, background and consequence of the crime, circumstances after the crime, etc., as well as various other circumstances that form the conditions for sentencing as shown in the instant records and arguments, it cannot be said that the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act on the ground that the Defendant’s appeal is dismissed. However, in the criminal records of the crime of the lower judgment, the part of “the part of the lower judgment issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving on March 27, 2018) with respect to the act of driving under the influence of alcohol on February 15, 2018 is obvious that the Defendant’s appeal was erroneous office of KRW 3 million as of the act of driving under the influence of alcohol on April 30, 2018,” and it is corrected ex officio in accordance with Article 25 of the Rules on Criminal Procedure.

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