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서울중앙지방법원 2018.10.18 2018노1611
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the penalty (4 million won) imposed by the lower court is too unreasonable.

2. The judgment is a matter that the defendant recognized the facts of the crime and is divided, and the driver's blood alcohol level in the vicinity of his/her residence is 0.058% at the time of driving, and there are circumstances favorable to the defendant, such as the fact that the defendant's blood level was not high.

However, in full view of the circumstances unfavorable to the defendant, such as the fact that the defendant had been subject to criminal punishment several times due to drinking or unlicensed driving in the past, and that the defendant's vehicle was not covered by mandatory insurance, etc., the court below's punishment is too unreasonable and unfair, considering all the sentencing conditions of the defendant's age, sexual behavior, environment, and circumstances after the crime, etc., and the changes in the records of this case.

Therefore, the defendant's above assertion is without merit.

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.