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(영문) 청주지방법원 2019.04.26 2019노9

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment of the defendant recognized the crime and reflects the wrongness.

However, considering the fact that the Defendant was punished four times or more as a suspended sentence due to the same crime, including the fact that the Defendant was punished as a suspended sentence, the Defendant’s blood alcohol level at the time of the instant case is very high to 0.265%, and other circumstances that form the conditions for sentencing, such as the Defendant’s age, character and conduct, environment, and family relationship, it cannot be deemed that the lower court’s punishment is excessively heavy beyond the reasonable limit of discretion.

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.