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(영문) 서울중앙지방법원 2014.07.24 2014노1977
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (the fine of KRW 3,00,000) is too unreasonable in light of the fact that the defendant's economic situation is difficult and that the defendant has no criminal power for the same kind of crime.

2. In full view of the fact that the blood alcohol content of the instant case is highly high, the fact that the lower court is deemed to have already determined a sentence by taking into account the circumstances favorable to the Defendant, and other factors of sentencing as shown in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, the circumstances and consequence of the instant crime, etc., even if considering the circumstances of the Defendant’s assertion, it cannot be said that the lower court’s punishment is too unreasonable.

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

However, under Article 25 (1) of the Regulation on Criminal Procedure, the application of the judgment of the court below

1. The relevant provision of the Criminal Act concerning the crime is amended to add "Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation" to the following:

.

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