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(영문) 서울서부지방법원 2016.04.07 2015노1880
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In light of the following circumstances, Defendant’s age, sex, environment, etc. and various sentencing conditions as shown in the arguments and records, the lower court’s sentence, which was lower than the lower limit of statutory punishment by reducing the amount of a small amount, cannot be deemed unfair due to excessive reduction of the amount of punishment.

The defendant has a record of being punished twice due to drinking or non-licensed driving, and has a record of causing a traffic accident while driving in a drinking state.

The Defendant, who was sentenced to a suspended sentence on July 28, 2015 due to drinking, once again driven the instant drinking while two months have not elapsed since he was sentenced to a suspended sentence.

At the time of the instant case, the alcohol content of the Defendant’s blood was considerably high by 0.129%.

Since drinking driving is a dangerous crime that may lead to the life of a person who is not only the defendant himself/herself but also another person, it is inevitable to severely punish repeated driving of drinking despite criminal punishment for the same kind of crime like the defendant.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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