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(영문) 서울중앙지방법원 2017.05.11 2016노4751
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable.

2. The Defendant was indicted to the effect that he had driven alcohol in the “section of about 2 km from the vicinity of the Seoul Dongjak-gu Seoul Special Metropolitan City New Disease Control to the roads of about 45 km-ro, Nam-gu, Seoul Special Metropolitan City, and the first instance court held that the Defendant had been represented by a proxy engineer to the vicinity of the new forest station near the new forest station in the new forest market.

The argument was asserted.

Therefore, the lower court ex officio corrected the criminal facts to the effect that “the distance section was driven by drinking alcohol” from the vicinity of the Seoul Special Metropolitan City New Forest Station to the 190-45 roads in Southern-ro, Seoul Special Metropolitan City.

In full view of the following circumstances: (a) there is no history of punishment for the same kind of crime or suspended sentence; (b) there is no history of punishment for the crime; and (c) there is no past record of a fine for not less than one time; (d) there is a high alcohol level of 0.181% among the blood transfusion of this case; and (e) there is no special change in circumstances that may change the punishment of the court below after the sentence of the court below; and (e) other circumstances that are conditions for the sentencing specified in the records and arguments of this case, such as the defendant’s age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime, the sentence

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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