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(영문) 서울동부지방법원 2013.07.25 2013노605
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Determination that the blood alcohol content at the time of driving under the influence of alcohol in this case was 0.05% and the numerical value was not high, and that in substitution for the criminal investigation agency, the court below, and the court of the trial, the court below showed the attitude that the defendant was able to commit the crime, and that there is a need to support the wife of foreigners, etc., which are favorable to the sentencing.

However, the Defendant has been punished more than 10 times due to the violation of the Road Traffic Act, and in particular, on December 2012, the sentence of imprisonment for 8 months, 2 years of suspended sentence, 2 years of probation and community service order, and 80 hours of probation and community service order is inevitable until 2 months have not passed since the date of the above sentence without being aware of it during the suspended execution period. The sentence of the lower court is the minimum sentence after reducing the statutory penalty after taking into account all the favorable circumstances above. In full view of all the circumstances indicated in the records and arguments such as the Defendant’s age, character, character and environment, occupation, power, process, means and consequence of the instant crime, the circumstances before and after the instant crime, etc., it cannot be said that the sentence of the lower court is too unreasonable.

3. Accordingly, 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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