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(영문) 서울서부지방법원 2018.08.16 2018노660
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In light of the fact that the defendant had been convicted of the same kind of crime in the judgment two times, that he did not know even during the current suspension period, and that the drinking volume of this case was very high, even though the defendant showed an attitude contrary to his belief that he should concentrate on alcohol treatment, it cannot be said that the court below's sentence of imprisonment for six months by reducing the amount of statutory penalty (one year to three years) applied to the crime of this case by reducing the amount of punishment for the crime of this case.

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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