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(영문) 서울중앙지방법원 2017.10.27 2017노3286
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

2. The Defendant had already been convicted of driving three times of drinking, and the Defendant was sentenced to a suspended sentence of two years for four months of imprisonment.

Nevertheless, the Defendant once driving the instant drinking again with a high alcohol content of 0.158%. Considering the following circumstances, the Defendant’s serious reflectivity, necessity of the continuation of business, family and shot source, etc. asserted on the grounds of appeal, and the Defendant’s age, sex, conduct, environment, health conditions, family relationship, motive, means, and consequence of the commission of the offense, it is difficult to deem that the Defendant’s sentence imposed on the Defendant is too unfair as it goes beyond the scope of sentencing discretion.

Therefore, the defendant's argument of sentencing is not accepted.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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