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(영문) 서울중앙지방법원 2016.08.18 2016노2023
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (one-month imprisonment) is too unreasonable.

2. Although the Defendant recognized the instant crime, the instant crime was committed once a suspended sentence, three times a fine, or criminal punishment due to drinking driving, as well as the instant crime was committed on January 29, 2016 due to driving under the influence of alcohol, and the crime was committed during the criminal trial (Seoul Eastern District Court 2016 High Court 376 High Court 201Ma376). The crime was very bad (the Defendant was sentenced to a suspended sentence of two years in the above criminal trial on April 21, 2016, and the judgment became final and conclusive). In light of the criminal records as above, the Defendant appears to be likely to pose a significant risk of repeating drinking driving, and in full view of other various circumstances, including the Defendant’s age, sexual behavior, and the circumstances after the crime, etc., the punishment of the lower court, even if the Defendant asserts, is too heavy, considering all the circumstances asserted by the Defendant.

It does not seem that it does not appear.

Defendant’s assertion is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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