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(영문) 의정부지방법원 2014.02.11 2013노2514

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (eight months of imprisonment) shall be too unreasonable.

2. Considering the circumstances such as the fact that there is a family member who should support the defendant as a disabled person, and that the defendant has a depth of his mistake, this case is the criminal again committed during the repeated crime period after having been sentenced to a punishment due to a drunk driving, in view of the fact that the defendant was sentenced to criminal punishment such as fine, suspension of execution, and punishment several times due to the same crime and repeats the crime, it seems that the risk of recidivism is high in view of the fact that the defendant did not improve personality and behavior even though he was sentenced to criminal punishment such as a fine, suspension of execution, and punishment on several occasions due to the same crime, and that the defendant's blood alcohol concentration in this case is the level of revocation of a driver's license. Furthermore, the sentence imposed by the court below against the defendant is inevitable. Furthermore, considering that the defendant's sentence imposed by the court below does not go beyond the general sentencing guidelines on the crime of violation of the Road Traffic Act due to a drunk driving, it cannot be deemed that the sentence imposed by the court below against the defendant is too unfair.

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.