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(영문) 서울서부지방법원 2019.02.14 2018노1453
도로교통법위반(음주운전)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentencing of the lower court (a fine of one million won, a fine of three million won, and a fine of three million won) on the gist of the grounds of appeal is too unreasonable.

2. All the Defendants are the first offender and the driving distance is short, and in particular, the circumstances that Defendant A was the purpose of parking are favorable circumstances.

However, Defendant B had a high drinking level, and there was an accident that conflict with the parking lot columns.

Defendant

A was reduced by the lower court than the amount of fine for summary order.

However, there is no circumstance that the Defendants are economically difficult to pay the fine to the lower court, but there is no circumstance to consider the amount of the fine to the Defendants, who owned, maintained, and moved from singing on the day of the instant case to singing and playing both at night, and driving at drinking, compared to the similar drinking driving cases.

In addition, considering the various circumstances that are conditions for sentencing, such as the age, character and conduct, environment, etc. of the Defendants, the lower court’s sentencing cannot be deemed to be too unreasonable.

3. The Defendants’ appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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