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(영문) 서울고등법원 2013.03.08 2012노3623
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is unfair because the sentence of imprisonment (two years of suspended execution in October, and forty hours of compliance driving) is too large.

2. The instant crime is found to have been committed by the Defendant without a driver’s license while driving a motor vehicle while under the influence of alcohol of 0.23%. Considering the fact that the Defendant’s values of alcohol are high, the Defendant’s revision of the Road Traffic Act, which was prepared to strictly prohibit driving under the influence of alcohol that threatens the safety of road traffic, the quality of the Defendant’s crime is not somewhat weak.

In addition, in full view of all the sentencing conditions in the instant case, including the fact that the Defendant committed the instant crime even though he/she had been punished several times due to the violation of the Road Traffic Act in the past, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., the sentencing of the lower court, which added the order to suspend the execution of imprisonment to the Defendant by taking into account the sentencing factors favorable to the Defendant, cannot be deemed unfair because the sentencing of the lower court, which added the order to attend the course, is too unreasonable.

Therefore, the defendant's assertion is without merit.

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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