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(영문) 의정부지방법원 2015.02.13 2014노3034

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. In full view of all the circumstances, including the Defendant’s age, character and conduct, the environment, the background and details leading to the instant crime, and the circumstances after the instant crime, the sentence of the lower court cannot be deemed to be undue, considering the following: (a) the Defendant had a number of penalties, including punishment, due to a drunk driving; (b) the Defendant was sentenced to a suspended sentence on May 20, 201, and the judgment became final and conclusive on May 20, 2014; and (c) the Defendant committed the instant crime during the period of suspended sentence for approximately three months; and (d) the Defendant’s blood alcohol concentration was highly high at the time of the instant drunk driving; and (e) the sentencing conditions indicated in

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.