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(영문) 대전지방법원 2013.12.19 2013노2428

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is acknowledged to have led to the confession and reflect of the crime of this case, but the defendant committed the crime of this case again during the suspension period of execution of the same kind of crime even though he had been sentenced to a fine or a suspended sentence of imprisonment due to the same violation of the Road Traffic Act. The defendant committed the crime of this case again during the suspension period of execution due to the same kind of crime. The defendant's blood alcohol concentration at the time of the driving under the influence of alcohol in this case is higher than 0.16%, and all of the sentencing conditions such as the defendant's age, character and behavior, environment, criminal records, conditions after the crime, and risk of recidivism, it cannot be deemed that the sentence of the court below is excessively unreasonable

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.