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(영문) 청주지방법원 2014.05.23 2014노117

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The fact that the Defendant recognized the instant crime and is against the recognition of the instant crime, and actively endeavored to treat alcohol addiction, and that he/she would not drive under the influence of alcohol again is a favorable circumstance that may be considered for the sake of the Defendant.

However, the Defendant committed the instant crime during the suspended execution period despite having been sentenced to ten months of imprisonment on July 18, 2012 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) and two years of suspended execution period; the Defendant committed a traffic accident involving blood alcohol concentration at the time of the instant drunk driving; and the Defendant appears to have been sentenced to a fine of less than the summary order in consideration of the above favorable circumstances; and the lower court is deemed to have sentenced to a fine of less than the summary order. Considering the various sentencing conditions indicated in the records, taking into account such as the Defendant’s age, character and behavior, family relationship, the background and motive of the instant crime, and the circumstances after the crime, it cannot be deemed that the sentence of the lower court (five million won of fine) is too unreasonable

2. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.