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(영문) 서울고등법원 2013.04.05 2013노20
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. It is recognized that the judgment defendant reflects the crime of this case.

However, the defendant's blood alcohol concentration level at the time of the crime of this case was high, and the defendant was punished several times due to the violation of the Road Traffic Act, and the suspension of the execution of imprisonment for the crime of violating the Road Traffic Act has not yet passed since he was sentenced to the suspension of the execution of imprisonment for the crime of violating the Road Traffic Act. In full view of the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and method of the crime, and circumstances before and after the crime of this case, it is not recognized that the court below's punishment is too unreasonable. Thus, 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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