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(영문) 의정부지방법원 2019.06.20 2019노708

도로교통법위반(음주운전)

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The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing of the case (six months in prison);

2. The Defendant, prior to committing the instant crime, had the record of being punished three times for drunk driving, and one of them was sentenced to a suspended sentence of imprisonment.

Nevertheless, the Defendant, after the expiration of the suspension period, was driving the instant drinking, at the same time for more than six months.

Considering the above circumstances, the Defendant shall be held liable with severe responsibility.

Although there are circumstances that may be considered in light of the fact that the Defendant recognized the instant crime and reflects on the fact that the blood alcohol content is relatively high, that the Defendant’s health condition is not good, and that there is an old age’s old age, the lower court’s punishment is deemed reasonable and too unreasonable in light of all the circumstances that are the conditions for the instant sentencing indicated in the record, such as the Defendant’s age, character and behavior, environment, circumstances surrounding the instant crime, and circumstances after the crime.

The defendant's assertion of unfair sentencing is not accepted.

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.