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(영문) 서울북부지방법원 2015.09.10 2015노1029
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. Although the judgment of the court below had the record of punishing each of the crimes of this case for the same kind of crime as the crimes of this case, the defendant had already been punished several times as well as due to each of the crimes of this case, but the defendant was sentenced to a suspended sentence of imprisonment, which is not only for nine months but also for nine months since the judgment became final and conclusive, again committed each of the crimes of this case. The crime of this case for driving alcohol of this case committed by the defendant is driving a car under the influence of 0.174% of blood alcohol concentration, and its degree of alcohol and driving distance is driving a car at a distance of about 2 km. In light of all the circumstances such as the degree of the crime of this case's drinking, driving under the influence of alcohol would cause harm to the life and body of others. However, considering the circumstances such as the need to strictly punish the defendant, the defendant is against the depth of finding the defendant as North Korean defectors, and his mother who suffered difficulties from each of the crimes of this case, such as political, economic, cultural and employment differences between South and North Korea.

3. In conclusion, the defendant's appeal is justified.

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