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(영문) 의정부지방법원 2015.12.02 2015노2642

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the court below is recognized in light of the following circumstances: (a) the defendant's mistake was recognized and reflected in the defendant's mistake; (b) about two years and seven months have passed since he was punished for the same kind of crime on August 31, 2012; (c) the defendant supports old-parents who have not good health; and (d) employees and knife the defendant's wife; (b) the defendant was punished as a crime of drinking driving multiple times; (c) the defendant committed the instant crime even though he was sentenced to a suspended sentence on three occasions, and the nature of the crime was very poor; (d) the blood alcohol concentration (0.16%) was high at the time of the instant crime; and (e) other factors in the records and arguments, such as age, environment, occupation, family relationship, criminal motive, criminal method and consequence, etc., the punishment of the court below against the defendant is too unreasonable.

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

[However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, a summary order of KRW 1.5 million was issued for a crime of violation of the Road Traffic Act at the Government's branch of the Seoul District Court on September 11, 2001, and on June 21, 2002, a suspended sentence of six months for a violation of the Road Traffic Act was sentenced to one year for a violation of the Road Traffic Act at the Government's branch of the Seoul District Court on June 21, 2002, and on July 21, 2004, a suspended sentence of six months for a violation of the Road Traffic Act was deleted."