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(영문) 의정부지방법원 2018.03.26 2018노13

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

2. The fact that the judgment defendant recognized each of the crimes of this case and reflected, etc. are favorable to the defendant.

However, in full view of all other circumstances, including the Defendant’s age, sexual behavior, environment, circumstances leading up to each of the instant crimes, and circumstances after the crime, etc., the lower court’s punishment is deemed to be reasonable and too unreasonable, and thus, the Defendant’s above assertion by the Defendant is without merit, on the ground that the Defendant’s punishment is too unreasonable, in light of the following: (a) the Defendant had been punished for a violation of the Road Traffic Act, including two times of suspended sentence due to the Defendant’s violation of the Road Traffic Act, such as drinking and driving without a license; (b) and (c) 0.182% of alcohol concentration in blood without a driver’s license.

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