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(영문) 서울고등법원 2013.07.19 2013노1516
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment (a fine of three million won) imposed on the defendant by the court below is too unreasonable.

Judgment

There are circumstances that may be considered in light of the circumstances, such as the final and conclusive judgment of the Defendant who was sentenced to imprisonment for six months, and the crime of this case is in the concurrent relationship under the latter part of Article 37 of the Criminal Act, the Defendant’s mistake is divided and rebuttals, and the Defendant’s economic situation is difficult.

However, in full view of all the sentencing conditions, including the Defendant’s age, family relation, criminal record, character and conduct, environment, motive and circumstance of a crime, means and method of a crime, and circumstances after a crime, etc., the Defendant’s punishment imposed by the lower court is too unreasonable. Thus, the Defendant’s assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.

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