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(영문) 서울동부지방법원 2014.05.16 2014노41
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (1.5 million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. Although there are some favorable circumstances for the defendant, such as the fact that the defendant's mistake is against the defendant, living as a basic living beneficiary of the disabled children, and that the defendant thought that he was punished by fine for the crime of this case in a little state of drinking, the defendant seems to have caused the crime of this case. However, the court below seems to have already reduced the fine of summary order by reflecting such circumstances, and the criteria for handling similar cases, which are different from that of the defendant's previous punishment, and the situation that the defendant drives the vehicle of this case while under the influence of alcohol level 0.082% without being aware of the fact that he had been sentenced to punishment on several occasions, such as the defendant's age, character and conduct, environment, the background and result of the crime of this case, and the circumstances after the crime, etc., it cannot be deemed that the sentence of the court below 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.

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