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(영문) 대전지방법원 2013.12.05 2013노2220

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is acknowledged to have led to 0.251% of the defendant's blood alcohol concentration at the time of driving of the instant case, and the defendant again committed the instant crime even though he had been sentenced to a fine or a suspended sentence of imprisonment due to the same violation of the Road Traffic Act in the past, and considering all the sentencing conditions such as the defendant's age, character and conduct, environment, criminal records, circumstances after the instant crime, and risk of recidivism, it cannot be deemed that the sentence of the court below is too unreasonable. Thus, the defendant's assertion is without merit.

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.