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(영문) 의정부지방법원 2019.06.21 2019노1177

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The 8-month imprisonment sentenced by the court below is too large and unfair.

2. The judgment of the court below is recognized that the defendant recognized the facts charged in this case and reflects the mistake in depth, that the defendant must support two children aged her age and seems to have not enough economic circumstances. On the other hand, drinking driving is highly necessary when considering the social danger and harm of the crime threatening the life and body of himself/herself and others, and the blood alcohol concentration at the time of the crime in this case reaches 0.191%, and the defendant was sentenced to a fine at around 2007 and on two occasions in 2011 due to the crime of drinking driving at the same time, and the defendant committed the crime in this case without permission at around 2014 without being aware of it, and there is no special circumstance to change the punishment of the court below after the decision of the court below, and there is no reason to recognize that the defendant's punishment is unfair since the defendant's argument in this case is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.