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(영문) 춘천지방법원 2013.09.11 2013노304

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court against the Defendant is too unreasonable.

2. Although there are favorable circumstances such as the fact that the defendant's mistake is divided and reflects on his behavior, the defendant's blood alcohol concentration is very high to 0.212% at the time of the crime of this case, the defendant has been punished for the same kind of crime several times, and the defendant committed the crime of this case without being able to do so during the repeated period due to the crime of violation of the Road Traffic Act (accident after accident), the current Road Traffic Act stipulates that the prohibition clause of drinking driving should be punished more strictly when the person who has violated the prohibition clause two times or more for the purpose of preventing the driving under the influence of alcohol again, and driving under the influence of 0.2% or more of the blood alcohol concentration, and considering various factors of sentencing as shown in the records, such as the motive and background leading up to the crime of this case, the age and character of the defendant after the crime, character and environment, etc., the above argument by the court below is not justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.