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(영문) 대전지방법원 2013.03.20 2012노2783

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of all circumstances, such as the fact that the defendant is against the defendant, the punishment imposed by the court below (six months of imprisonment) is too unreasonable.

2. The crime of this case was committed on September 4, 2012 by the Defendant driving C 200 meters of a cargo vehicle while under the influence of alcohol of 0.18% without a driver's license. In light of the blood alcohol concentration measured at the time of the crime of this case, the Defendant was living together with the Defendant, in 2007, 2009, and 209, and 2010, respectively, were punished by a fine for driving without a driver's license or driving under the influence of alcohol; the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) on October 28, 2010; the Defendant violated the Road Traffic Act (Free Driver) and the Road Traffic Act (Free Driver) without a driver's license; and the crime of this case was committed within the suspension period of execution after being sentenced 160 hours, resulting in the crime of this case within the period of suspension of execution, and thus, the Defendant's environment and health conditions before and after the crime of this case was committed.

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.