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(영문) 서울북부지방법원 2018.09.20 2018노883
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (2.5 million won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Although there are extenuating circumstances such as the Defendant’s recognition of all of the instant crimes, the lower court appears to have sentenced to a more reduced sentence than a summary order (30 million won) in full view of these circumstances, and even reduced the amount in the process.

It is reasonable to respect the sentencing of the lower court in the instant case where there is no change of circumstances that may be newly considered in the first instance trial. In addition, even if examining all the conditions of sentencing as shown in the pleadings of the instant case, such as the figure of alcohol concentration among the blood transfusion of the instant case, character, health condition, economic circumstances, etc. of the Defendant, the lower court’s punishment is too too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal of this case is without merit. It is so decided as per Disposition.

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