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(영문) 서울북부지방법원 2015.08.13 2015노590
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (6 million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. The judgment is made, although the defendant's mistake is recognized and his depth is divided and living conditions are very difficult, and there are some circumstances to consider the motive or background leading to the crime of this case. However, the defendant has been punished once for the same crime as the crime of this case, and the court below seems to have already sentenced to a fine of KRW 6 million which has been reduced by a fine of KRW 7 million according to the summary order considering the above circumstances of the defendant, and in light of the circumstances before and after the commission of the crime of this case, the defendant's age, character and behavior, environment, occupation, family relation, etc., the sentence imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

(However, it is clear that the “Bone Star Co., Ltd.” among the facts charged in the judgment below is the wrong description of the “E-Wone Star Co., Ltd.”, and thus, in accordance with the Prosecutor’s motion for the correction of the indictment, it is to be corrected

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