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(영문) 의정부지방법원 2018.01.18 2017노2971

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The Defendant did not obtain a driver’s license, and the Defendant’s blood alcohol concentration at the time of committing the crime of drinking alcohol reaches 0.125%.

In 194, the defendant was punished as a suspended sentence of imprisonment with prison labor for an escape vehicle in 2008 and 2009, and was punished as a suspended sentence of imprisonment with prison labor for an illegal driving in 2009, a suspended sentence of imprisonment for a illegal driving in 201, a non-licensed driving in 201, and a fine for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and a suspended sentence of imprisonment with prison labor for a illegal driving in 2014 (one year and two years of suspended sentence) and a non-licensed driving in 2016.

In light of the fact that the Defendant purchased a vehicle used for the instant crime during the suspension period due to the foregoing drinking driving and driving without a license (registration as of November 27, 2015), and committed each of the instant crimes with the said vehicle, each of the instant crimes was committed during the repeated crime period due to driving without license, and the Defendant was committed without being aware of the crime committed on March 1, 2017, which was under investigation after the detection of the crime No. 2017 high group 2055 on June 14, 2017, and was not under investigation and committed the crime of 2017 high group 3422 on June 14, 2017, and thus, it cannot be found that the Defendant had any intention or intention to observe the law, and thus, it is necessary to punish the Defendant solemnly.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed as unfair because it is too unreasonable.

Therefore, 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure).