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(영문) 대전지방법원 2015.11.20 2015노2821

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (ten months of imprisonment) is too unreasonable.

2. There are extenuating circumstances, such as the Defendant, who led to the confession of the crime, and disposed of Obaba, to the effect that he will not drive under the influence of alcohol again.

On the other hand, the crime of this case is a case in which the defendant driven an erroneous stobane whose blood alcohol content was high by 0.326% and the defendant could have been involved in the mandatory insurance, and in light of the fact that the defendant repeats the crime during the period of repeated offense even though he had a criminal record due to the same kind of crime, it is inevitable to sentence sentence as it is not good to

In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, family relationship, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.