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(영문) 의정부지방법원 2019.06.13 2019노707

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: Imprisonment with prison labor for one year);

2. There are extenuating circumstances, such as that the Defendant’s mistake is divided, that there is a young child to support (the young children September 2017) and an undecent mother, and that there is no past record of criminal punishment exceeding a fine.

However, in full view of all the circumstances such as the Defendant’s age, character and conduct, environment, and circumstances after committing the crime, even though having been sentenced to a fine for three times due to a drunk driving, the Defendant once again drives under the influence of alcohol (the fine of KRW 1.5 million in 2009, the fine of KRW 2 million in 2014, and the fine of KRW 4 million in 2015), the blood alcohol content is considerably high at 0.126% in 209 and 2015, and the blood alcohol content is considerably high at 0.126% in 0.17% in 200, and the blood alcohol content of the instant case is high at 0.241% in 0. The Defendant was at a disadvantage, such as the fact that the Defendant had caused the occurrence of an accident during the instant drunk driving, and all other circumstances leading to the sentencing of the Defendant’s age, character and behavior, etc., the Defendant’s punishment against the Defendant is not excessive beyond the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.