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(영문) 서울고등법원 2012.11.09 2012노2417
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 70,000 won per day) is too unreasonable considering that the defendant is a daily worker who receives 70,000 won per day.

2. A favorable circumstance is that the Defendant’s health condition is not good and that the Defendant is in an economically difficult position.

However, the defendant committed the instant crime even though he had been sentenced to the suspended sentence in August 2, 1995 due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, which was sentenced to imprisonment with prison labor for 2 years in October, 200, violation of the Road Traffic Act (driving) on June 28, 200, violation of the Road Traffic Act, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, 3 years of suspended execution, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and again committed the instant crime despite the fact that the defendant's blood alcohol concentration at the time of the

In addition, when comprehensively taking account of the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, it is not recognized that the sentencing of the court below is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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