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(영문) 대전지방법원 2014.05.14 2014노660

도로교통법위반(사고후미조치)등

Text

The defendant's appeal is dismissed.

Reasons

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

2. A favorable circumstance is acknowledged, such as the following: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) the Defendant scrapped the instant vehicle and did not repeat the instant vehicle; (c) the Defendant has a fright mother with good health; and (d) the Defendant appears to have been an opportunity to satise and satise satisf with a prison life for three months through confinement.

However, the Defendant committed the instant crime during the period of repeated crime without being aware of the fact that the Defendant’s records of criminal punishment due to drinking or unlicensed driving had reached eight times in total, and five times in which the Defendant was sentenced to imprisonment with prison labor for violating the Road Traffic Act from the Daejeon District Court’s Branch on June 24, 2010 to the Daejeon District Court’s Branch on December 23, 2010. In addition, the Defendant committed the instant crime during the period of repeated crime without being aware of the completion of the sentence. The blood alcohol concentration is considerably higher than 0.210% at the time of the instant crime; the driving without a drinking alcohol license is highly likely to inflict harm to the life and body of others as well as himself/herself; and all other unfavorable circumstances such as the Defendant’s age, character and behavior, environment, and circumstances after the instant crime, etc., which are disadvantageous to the Defendant, and thus, 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 since it is without merit. It is so decided as per Disposition.