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(영문) 의정부지방법원 2013.05.24 2013노727

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the defendant recognized the facts of the crime from the investigative agency to the court, and repented the wrong facts, and that the distance of the defendant's driving under the influence of alcohol is about 30 meters is the sentencing data favorable to the defendant.

However, the defendant has been punished seven times in the past, and the defendant has been sentenced four times in the past, and the defendant was sentenced to a fine of three million won in the most recently in relation to drinking driving (Supreme Court Decision 201Mo2640 Decided March 14, 2012). The defendant was sentenced to a fine for the reason that the defendant was under the mental treatment related to drinking and is living a stable family life by marriage, although he was under the influence of drinking, even though he was under the influence of drinking during the period of repeated offense, the defendant was sentenced to a fine for the reason that he was under the influence of drinking and is living a stable life by marriage. In full view of all the sentencing factors as shown in the arguments of this case including the defendant's age, character and behavior, environment, family relation, circumstances after the crime, etc., it is inevitable to sentence again to the defendant, and it is not recognized that the sentence of the court below is proper and too unreasonable. Thus, the defendant's ground for appeal 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.