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(영문) 의정부지방법원 2015.02.06 2014노2874

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment that the defendant led to confession and reflects the crime of this case, and that the defendant's blood alcohol concentration is not a very high level at the time of this case is a favorable sentencing reason.

However, the Defendant had a history of having been sentenced to criminal punishment, such as punishment, over ten times even before he had been punished for committing a crime in violation of the Road Traffic Act. In full view of all the circumstances, including the Defendant’s age, character and behavior, environment, occupation, circumstance and details leading to the instant crime, and circumstances after committing the crime, etc., the sentence of the lower court cannot be deemed to be excessively unreasonable.

Therefore, the defendant's assertion is without merit.

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.