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(영문) 서울중앙지방법원 2014.10.30 2014노3575
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below (the fine of 3.5 million won) is too unreasonable in light of the fact that the defendant's economic situation is difficult, etc.

2. In full view of the following factors: (a) the blood alcohol content of the instant case is considerably high; (b) the Defendant was punished by a fine for driving under the influence of alcohol; (c) the lower court is considered to have determined the sentence by reducing the fine amount of the summary order by taking into account the circumstances of the Defendant’s assertion; and (d) the Defendant’s age, character and conduct, the background and consequence of the instant crime; and (e) all of the sentencing conditions indicated in the instant pleadings, including the circumstances after the instant crime, the lower court’s punishment is too unreasonable even if considering the circumstances of the Defendant

3. Accordingly, 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 groundless. It is so decided as per Disposition.

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