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(영문) 서울남부지방법원 2013.09.05 2013노998
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment (1.5 million won of fine) imposed by the court below is too unreasonable.

Therefore, there are extenuating circumstances for the defendant, such as the following: (a) the defendant was scambling in depth; (b) some of the circumstances that may be considered in the course of the crime of this case; and (c) the defendant driving the scam in a drinking state is merely 20 meters in distance.

However, in addition to the defendant's record of being subject to juvenile protective disposition due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the defendant committed the crime of this case on March 31, 201, without being aware of the fact that he had been sentenced to eight months of imprisonment with labor for special larceny in Suwon District Court Ansan Branch on March 31, 201, while considering the circumstances favorable to the defendant, the court below sentenced a fine of 1.5 million won, which has been partially reduced by a fine of 2 million won under the summary Order, in consideration of the circumstances favorable to the defendant, as well as the fact that it is the lowest punishment that can be sentenced to the crime of this case, and other circumstances that are the conditions for the argument and sentencing of this case, such as the defendant's age, character, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., even if considering all the circumstances asserted by the defendant as grounds for appeal, it is not recognized that the

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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