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(영문) 서울북부지방법원 2020.06.12 2019노2196
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of KRW 3,00,000) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the circumstances favorable to the Defendant (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015) (the fact that the Defendant recognized his/her own responsibility for the instant crime), the unfavorable circumstances (the fact that the Defendant, while under the influence of alcohol, is highly likely to be subject to criticism due to driving of an unregistered and unregistered motor vehicle that has not been covered by liability insurance), the blood alcohol concentration at the time the Defendant was exposed to a high level at the time of detection, and any form of driver’s license obtained by the Defendant), and other circumstances that are the sentencing conditions specified in the instant records and pleadings, such as the Defendant’s age, character and behavior, circumstances leading to the crime, driving distance

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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