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(영문) 서울동부지방법원 2013.08.13 2013노492
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, suspension of execution for two years and suspension of execution for forty hours) that the court below sentenced against the defendant is too unreasonable.

2. The judgment of the court below is against the defendant's act of drinking, and the defendant's act of driving under the influence of alcohol in this case does not go against the defendant while driving under the influence of alcohol in this case. The circumstances favorable to the defendant, or the fact that drinking under the influence of alcohol in this case is not long enough to strictly punish the defendant. In the case of the crime of this case where the defendant driving under the influence of alcohol in the state of drinking alcohol 0.136%, the defendant actually caused physical damage due to the shock of other vehicles parked while driving under the influence of alcohol in this case. The defendant was sentenced to a fine twice for the same kind of crime of drinking under the influence of alcohol in 207 and 2011, the defendant again committed the crime of this case without being aware of the fact that the court below's punishment was determined as the minimum sentence that has been mitigated by considering the above favorable circumstances, and its execution until the sentence is executed, the defendant's motive for driving under the direction of compliance with the order of this case seems to be necessary and reasonable.

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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