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(영문) 서울서부지방법원 2019.05.16 2019노328
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Considering the fact that the Defendant committed the instant crime during the period of a repeated offense, and that the Defendant was punished twice due to drunk driving, the sentence of a fine cannot only achieve the purpose of the punishment, and it is judged that the preventive effect against the instant crime cannot be expected. The statutory penalty for the instant crime of violation of the Road Traffic Act is either imprisonment with prison labor for not less than six months but not more than one year or a fine not less than three million and not more than five million won, and the lower court’s sentence for six months, which is the lower court’s minimum sentence after choosing imprisonment, cannot be deemed unjust.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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