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(영문) 서울북부지방법원 2015.01.23 2014노1477
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The judgment of the defendant is favorable to the defendant, such as the fact that the defendant made a confession of the crime of this case and reflects in depth, and that the defendant is a basic living beneficiary and is not good for health.

However, the crime of this case is deemed to have been committed by the Defendant while under the influence of alcohol content 0.159%, and the nature of the crime was not less than 700 meters in light of the level of exploitation, driving distance, etc. In full view of the fact that the Defendant was punished for the same kind of crime, and other circumstances that form the conditions for sentencing, such as the Defendant’s age, character and behavior, environment, motive or circumstance of the crime, means and consequence, etc., the sentence imposed by the lower court is too unreasonable.

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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