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(영문) 서울서부지방법원 2016.06.30 2016노439
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

The gist of the defendant's appeal is that the court below's punishment (2 years of suspended sentence in October and 40 hours of order to attend a compliance driving) is too unreasonable.

It is recognized that the defendant has no criminal record exceeding the fine, such as the confession and reflect of the crime of this case.

However, the alcohol concentration in the blood of this case is very high to 0.245%, and the distance of the Defendant’s driving is about 4 km, the Defendant again committed the instant crime even if he was punished by a fine on two occasions due to driving under drinking, and the Defendant’s age, sexual behavior, environment, the process and result of the instant crime, and the circumstances after the instant crime are considered as a whole, and thus, it is deemed unfair because the lower court’s punishment is too large and it is not reasonable. 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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