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(영문) 서울남부지방법원 2014.01.23 2013노1843
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment (two million won of fine) imposed by the court below is too unreasonable.

Therefore, it is true that there are extenuating circumstances in consideration of the defendant, such as the fact that the defendant is remarkably divided into his mistake, that there is a wife and the side who needs the support of the defendant, and that there seems to be very difficult economic situation as well as the wife and the side who need support of the defendant.

However, the Defendant committed the instant crime at another time despite the fact that he/she had been punished by a fine due to the same type of crime; the lower court sentenced a fine of KRW 2 million, which has been greatly reduced by a fine of KRW 3 million under the summary order by taking account of the circumstances favorable to the Defendant; the lower court, after the sentence of the lower judgment, did not have any special circumstances or changes in circumstances that may be considered for the new sentencing; and other circumstances that form the conditions for the pleadings and the sentencing on the records of the instant case, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., even if considering all the circumstances alleged as the grounds for appeal, it is not recognized that the lower court is excessively unreasonable

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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