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(영문) 서울중앙지방법원 2018.06.21 2018노327
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (a prison term of eight months, two years of suspended sentence, and one hundred and sixty hours of community service) is too unreasonable.

2. The judgment has favorable conditions to the defendant, such as the fact that the defendant recognized the facts of crime and divided the facts of crime, and supporting his/her married, etc.

However, in full view of the following circumstances: (a) the Defendant had already been punished for a fine twice in 2015 and 2017 due to drinking driving; (b) the Defendant again committed the instant crime at the time when the driver’s license was revoked and punished due to drinking in 2017; (c) the blood alcohol level at the time of driving was high by 0.207%; (d) the driving distance was not short; and (e) the Defendant’s age, sexual behavior, environment, background and consequence of the crime; and (e) other various circumstances that are conditions for sentencing as shown in the instant records and arguments, such as the circumstances after the crime, etc., it cannot be said that the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, 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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