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(영문) 의정부지방법원 2019.06.13 2019노471

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (in original case: Imprisonment with prison labor for ten months);

2. The Defendant, prior to committing the instant crime, had the record of being punished twice as a drunk driving, and one of them was sentenced to a suspended sentence of imprisonment.

Nevertheless, in addition, the Defendant was driving the instant drinking in a state of high blood alcohol concentration of 0.247%, and obstructed the execution of duties by taking a bath to the police officer of the drinking control who solicits the Defendant to return home, and committing assault.

Considering the above circumstances, the Defendant shall be held liable with severe responsibility.

Although there are circumstances that allow the defendant to commit the crime of this case, are against the victim police officers, and some of the circumstances such as the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, etc. are considered, considering all the circumstances that form the conditions for the sentencing of this case as shown in the records, such as the defendant's age, character and conduct, circumstances of the crime, and circumstances after the crime, the lower court's punishment is deemed reasonable and too unreasonable, and thus, it is not deemed 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.