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(영문) 서울서부지방법원 2015.10.15 2015노994
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy in the court below’s sentencing (4 million won of fine).

2. The fact that the decision-making defendant acknowledges and reflects the crime, and that it is economically difficult for the defendant to commit the crime is an element of sentencing favorable to the defendant.

However, even though the defendant driving a two-wheeled automobile with a blood alcohol concentration of 0.204% and caused it minor, it is highly illegal that it has been transferred to traffic accidents, even though the defendant had been punished for driving under the influence of alcohol in 2010, the defendant also committed the crime in this case, and there is no change in circumstances that can be considered in sentencing after the judgment of the court below is an element for sentencing disadvantageous to the defendant.

In addition, considering the overall sentencing conditions stipulated by Article 51 of the Criminal Act, such as the defendant's age, character, conduct and health conditions, the sentence of the court below cannot be deemed to be too unreasonable.

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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