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(영문) 의정부지방법원 2014.12.05 2014노1404

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment and 80 hours of attending the compliance driving lecture) that the court below pronounced is too unreasonable.

2. The judgment of the defendant is a serious crime that causes danger to the life and body of himself/herself and others, and the revised Road Traffic Act strengthens criminal punishment by raising the statutory punishment on such crime. The defendant had the history of being sentenced to a fine twice due to drunk driving even before the instant case, and the defendant, while driving under the influence of alcohol level 0.137% without a driver's license, was parked on the road while driving under the influence of alcohol level 0.137%, and the police and 119 members were forced to open the door of the vehicle. Considering the influence of alcohol and the risk of the crime at the time of the instant crime, the issue is not easy, and considering all the circumstances, such as the age, character, and environment of the defendant, the circumstance and contents leading to the instant crime, and the circumstances after the crime, etc., the sentence of the court below is too 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.