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(영문) 서울서부지방법원 2017.09.28 2017노956
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (10 months of imprisonment) is too unreasonable.

2. The Defendant’s confession and reflect on the instant crime, and the fact that the instant vehicle was disposed of is favorable to the Defendant.

However, the defendant has already been punished several times due to drinking driving, and the crime of this case is committed at the time when six months have passed since the period of probation due to drinking driving was over six months, and the drinking value of this case is very high as 0.314%, and the distance of the defendant's driving is not less than 5 km, and the defendant's age, sex, environment, circumstances and result of the crime of this case, and various sentencing conditions as shown in the arguments of this case such as the defendant's age, sexual behavior, environment, circumstances after the crime of this case, etc. are considered, it cannot be deemed unfair to the extent that the sentence of the court below is too too unreasonable, and thus, the defendant's wrongful argument about the sentencing of the defendant is without merit.

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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