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(영문) 청주지방법원 2014.07.18 2014노425

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

1. The fact that the Defendant’s determination on the grounds for appeal of this case is against the recognition of all the instant crimes, and that the Defendant’s health conditions are not good, such as being hospitalized due to an accident that occurred at the time of committing the instant crime on March 13, 2014, due to re-explosion of cerebrovascular (indual cerebrovassis), such as being hospitalized, etc., are considered favorable to the Defendant.

However, the Defendant again committed each of the instant crimes over two occasions during the repeated period of which one year has not passed since he was sentenced to imprisonment on July 18, 2012 due to a violation of the Road Traffic Act (LA) and a violation of the Road Traffic Act (unlicensed driving), etc. (the second crime is committed after being prosecuted for the first crime). While the Defendant appears to have been in a difficult condition to drive normally due to a chronic disorder caused by cerebrovascular, etc. at the time of driving of the instant case, he was driving using the same motor vehicle even after he was under the influence of alcohol and without a license. As a result, driving of the instant motor vehicle only caused an accident by diving or receiving roadside trees on the road on the road as it is, and as a result, has not been under the influence of driving under the influence of alcohol, but also caused serious bodily harm to himself, another person's life or property, and there is no need to punish the Defendant for strengthening his age, circumstances such as the Defendant's age, etc. as well as the circumstances leading up to the Defendant's criminal punishment.

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.