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(영문) 서울동부지방법원 2019.07.12 2019노509
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. In full view of the reasons for sentencing indicated in the argument and the record of the instant case, such as the fact that the Defendant was punished twice as a drunk driving, and the fact that the blood alcohol concentration in the instant case is highly high, the lower court’s punishment appears to have been determined reasonably by fully considering all the circumstances, including various sentencing grounds asserted by the Defendant, and no special circumstance exists to the extent that the lower court’s punishment should be changed.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

(However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, "Article 148-2(2)1 of the Road Traffic Act" is amended by "Article 148-2(1)1 of the Road Traffic Act" ex officio and five of the decision of the court below.

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