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(영문) 대전지방법원 2015.07.16 2015노1464

도로교통법위반(음주운전)

Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the original judgment is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s drunk driving distance is relatively short; (b) the Defendant sold the vehicle in which he/she was in possession; and (c) the Defendant would not commit the same crime again; and (d) the Defendant appears to be healthy due to extracting salt, etc.

However, even though the defendant had the history of punishment several times for the same crime (such as drinking and non-licenseing two times) and driving a vehicle while under the influence of 0.128% of alcohol level at the time, the criminal liability is not weak, the defendant caused a traffic accident while driving under the influence of alcohol, and all other sentencing conditions such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances before and after the crime, it is not recognized that the sentence of the court below is too unreasonable.

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.