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(영문) 서울중앙지방법원 2014.11.27 2014노3881
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) is too unreasonable in light of the following: (a) the gist of the grounds for appeal is against the Defendant, and the Defendant’s treatment is against the law; and (b) the Defendant grow up in a bad family environment; and (c) the health is not good.

2. In full view of the following factors: (a) the Defendant continues to drive under drinking continuously in a short period; (b) the blood alcohol concentration at each time of driving under drinking; (c) the fact that the Defendant was punished twice by a fine due to a drunk driving; (d) the Defendant escaped after the occurrence of an accident due to a drunk driving; and (e) the Defendant’s age, character and conduct, the circumstances and result of the instant crime; and (e) the circumstances after the commission of the instant crime, etc., even if considering the circumstances of the Defendant’s assertion, the lower court’s punishment 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 groundless. It is so decided as per Disposition.

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