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(영문) 서울중앙지방법원 2015.11.12 2015노3766
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years, community service, 40 hours, and 40 hours during a compliance driving course) of the lower court is too unreasonable;

2. The judgment of the defendant is a favorable condition to the defendant that the defendant would not drive a drinking again, and that the defendant has no criminal record of imprisonment.

However, the Defendant not only has a history of criminal punishment several times, but also has been sentenced twice due to a drunk driving in 2014, and even without a license within a short time after being sentenced to a fine for a drunk driving in 2014, the blood alcohol concentration of a drunk driving is 0.156%, and it is difficult to find any motive for the Defendant to take any special account of his/her drunk driving, and the possibility that the victim may incur from such repetitive crimes cannot be ruled out.

In full view of the aforementioned circumstances and circumstances, including the Defendant’s age, character and conduct, environment, family relationship, circumstances after the commission of the crime, and circumstances after the commission of the crime, the lower court’s punishment cannot be deemed unreasonable even if considering all favorable circumstances for the Defendant.

Defendant’s assertion is without merit.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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