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(영문) 청주지방법원 2016.09.01 2016노640

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In full view of all favorable circumstances that are favorable to the Defendant, such as the fact that the Defendant’s blood alcohol level at the time of each of the instant crimes is divided and reflected, that the Defendant’s blood alcohol level at 0.086% does not seem to have high at the time of each of the instant crimes, that the Defendant has no criminal record of imprisonment with prison labor, and that the Defendant is in a position to support his family, including his elderly, even though he was punished five times from 2004 to 2013, and that the Defendant committed each of the instant crimes even after being sentenced to a suspended sentence of two years due to drinking and non-licensed driving for six months in 2013, and that he committed each of the instant crimes even after being sentenced to a suspended sentence of two years due to drinking and non-licensed driving for six months in 2013, the lower court’s punishment is too unreasonable, taking into account all of the criminal records and arguments of this case, such as the Defendant’s age, character and behavior, environment, background and consequence of the crime, and circumstances after the crime.

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.