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(영문) 서울동부지방법원 2019.09.05 2019노713
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal (e.g., imprisonment with labor for 10 months) by the lower court are too unreasonable.

2. In full view of the argument of the instant case and the record of the sentencing grounds, namely, the fact that there are many punishment records including the same crime against the Defendant, and that the Defendant committed the instant crime since long time after the completion of the execution of punishment due to the same kind of crime, etc., considering the blood alcohol concentration at the time of the instant crime, and the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the instant crime, the lower court’s sentencing appears to have been reasonably determined by fully considering all the circumstances, including various sentencing grounds claimed by the Defendant, and there are no special circumstances to the extent that the sentencing changes ex post facto. Therefore,

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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