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(영문) 서울북부지방법원 2018.10.23 2018노867
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (4 million won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The court below sentenced the defendant to the above punishment with regard to the reasons for appeal, as stated in its reasoning, and it is reasonable to respect the sentencing of the court below in this case where there is no change in circumstances that can be newly considered in the trial of the court.

In addition, in light of the alcohol concentration level, the distance of operation, the situation at the time of discovery, etc. of one blood, the risk of the crime of this case is very high and the quality of the crime is not good.

In addition, even if the court below examines all the conditions of sentencing as shown in the arguments of this case, such as the character and conduct of the defendant (the influence of drinking driving, as well as the influence of drinking driving, has been punished several times as a different kind of crime), family environment, and circumstances after the crime, the judgment of the court below exceeded the reasonable scope of discretion.

It is difficult to evaluate.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal of this case is without merit. It is so decided as per Disposition.

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