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(영문) 서울중앙지방법원 2017.07.06 2017노1442
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment of the Defendant committed the instant crime in spite of the fact that the Defendant was sentenced to a suspended sentence of two years on August 23, 2007 due to the violation of the Road Traffic Act (drinking driving), the Defendant committed the instant crime in spite of the fact that: (a) the Defendant committed the instant crime while having been sentenced to a suspended sentence of two years on August 27, 201; (b) the blood alcohol concentration of 0.92% at the time of the instant crime was not lowered to 0.92%, among blood alcohol concentration at the time of the instant crime; and (c) the Defendant committed the instant crime in spite of the fact that the Defendant was sentenced to a suspended sentence of two years on August 8, 2014.

However, the fact that the defendant is recognized as committing the crime of this case and is against the fact that he is trying not to repeat the crime by selling a recent driving vehicle, etc. (Supplementary Statement on the Reasons for Appeal by June 29, 2017) is favorable to the defendant.

In addition, considering the fact that there is no special change in circumstances that could change the sentence of the court below after the sentence of the court below, and the various circumstances that are the conditions for the sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex conduct, motive of the crime, and circumstances before and after the crime, since the sentence of the court below cannot be deemed to be unfair since the sentence imposed by the court below is too unreasonable

3. In conclusion, 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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