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(영문) 서울중앙지방법원 2015.08.13 2015노2213
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant, in depth and reflects the instant crime; (b) the background leading up to the driving of the instant case; and (c) the fact that the previous suspended sentence is likely to be invalidated if the judgment that sentenced the Defendant to imprisonment with prison labor becomes final and conclusive.

However, the Defendant had already been sentenced to a four times or a fine since 201 due to a drunk driving or a non-licensed driving, etc., and was sentenced to a suspended sentence in 2014, and was under the suspension period due to a drunk driving or a non-licensed driving, etc., and did not take into account not only the fact that the Defendant was under the suspension period due to a drunk driving or a non-licensed driving, but also was under the influence of a license. The blood alcohol concentration of a drunk driving is higher than 0.11%, and the possibility that the victim may incur from such repetitive crime cannot be ruled out.

In full view of the aforementioned circumstances and circumstances, including the Defendant’s age, character and conduct, environment, family relationship, circumstances after the commission of the crime, and circumstances after the commission of the crime, the lower court’s punishment cannot be deemed to be excessively unreasonable even if considering all favorable circumstances for the Defendant.

Defendant’s assertion is without merit.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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