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(영문) 대전지방법원 2015.04.16 2015노539

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unreasonable.

2. The judgment of the court below is recognized that all of the crimes in this case are recognized as the crime in this case, the defendant's personality is divided, and the social relation seems clear, such as that the defendant's wife was 0.121% of the defendant's blood alcohol concentration at the time of this case, and the defendant committed the crime in this case during the period of probation (not less than 4 months after the judgment was sentenced) although he had been punished several times for traffic-related crimes, including non-licensed drinking driving, even though he had a record of punishment such as suspended sentence, and according to Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, which apply to the crime in this case's drinking driving, the statutory punishment is a imprisonment of not less than 1 year but not more than 3 years or a fine of not less than 5 million won and not more than 10 million won, even if the defendant's wife wants to reduce the amount of imprisonment with prison labor, it is the maximum imprisonment of not more than 6 months, the defendant's age before and after or after the execution of punishment.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

[However, since it is obvious that the "violation of Special Act on the Aggravated Punishment, etc. of Specific Crimes" in Part 18 of the judgment of the court below is a clerical error in the "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes", it shall be corrected ex officio pursuant to Article 25 of the