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(영문) 서울서부지방법원 2016.08.18 2016노713
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

The main point of the defendant's appeal is that the defendant's appeal is unfair because it is too large to the punishment of the court below (the imprisonment of eight months).

However, it is recognized that the driving distance of the instant case is relatively short, etc., that the Defendant led to the confession and reflect of all the instant crimes, and that the driving distance of the instant case is not relatively long.

However, the defendant has been suspended from indictment due to drinking driving, and has been punished three times due to drinking driving (two times a punishment penalty, two times a suspended sentence of imprisonment, and one time a suspended sentence of imprisonment). During that process, the crime of non-licensed driving has already been committed two times, the amount of alcohol content in the blood of this case is higher than 0.158%, and other factors of sentencing as shown in the argument of this case, such as the defendant's age, sex, environment, the course and result of the crime of this case, and circumstances after the crime, etc., the court below's punishment is too too unreasonable. Thus, the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

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