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(영문) 서울북부지방법원 2015.01.30 2014노1558
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. The fact that the Defendant made a confession of the instant crime as a primary offender and is in profoundly against the Defendant is favorable to the Defendant.

However, in light of the driving level, driving distance, etc. of a vehicle while under the influence of alcohol content of 0.177%, the crime of this case is not less than 2 km. In full view of the following circumstances: (a) physical damage due to a traffic accident caused by the instant crime; and (b) other circumstances that form the conditions for sentencing, such as Defendant’s age, character and behavior, environment, motive or circumstance of the offense, means and consequence, etc., the sentence imposed by the lower court is too 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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