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(영문) 의정부지방법원 2019.10.11 2019노1991

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

1. The 8-month imprisonment sentenced by the court below is too large and unfair.

2. The fact that the defendant recognized the facts charged in this case and reflects his depth of his mistake is favorable to the defendant.

However, drinking driving needs to be strict when considering the social danger and harm of the crime that threatens the life and body of himself/herself and others, and the blood alcohol level at the time of the crime of this case is considerably high 0.125%, the defendant was sentenced to a fine of 5 million won in 2017 due to the crime of identical drinking driving, 1 year in 2018, and 2 years and six months in suspension of execution. However, even though he/she had been sentenced to imprisonment with prison labor for at least one year in 2018, he/she seems to have not been aware of the fact that he/she committed the crime of this case while he/she was committed the crime of this case during the suspension of execution, and there is no special change of circumstances to change the sentence of the court below after the sentence of the court below, and considering the defendant's age, occupation, character, environment, family relationship, circumstances after the crime of this case and circumstances after the crime of this case, the defendant's assertion that the sentence of the court below is too inappropriate.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.