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(영문) 서울동부지방법원 2015.08.13 2015노564
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., e., a fine of three million won imposed by the court below on the defendant is too unreasonable.

2. As to the grounds for appeal, there are extenuating circumstances, such as that the Defendant made a confession of all the crimes and repents of errors, that is, the Seoul Basic Livelihood Security System is economically difficult, and that the health condition is not good due to the symptoms of alcohol dependence and the light of alcoholism.

However, the court below, without a motorcycle driver's license, has reduced the amount of fine to 3 million won for the crime of violation of the Road Traffic Act (MM) to 3 million won but less than 5 million won since the statutory penalty is the maximum amount of the statutory penalty, in light of the following factors: Defendant's age, character, environment, motive, means and consequence of the crime, etc.; and the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the circumstances after the crime, etc., the amount of punishment imposed by the court below is appropriate, and it is not unreasonable.

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

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