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(영문) 대전지방법원 2015.01.15 2014노3178

도로교통법위반(무면허운전)등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is recognized that all of the crimes of this case are recognized and erroneous, but it is not unreasonable to see that the defendant's blood alcohol content was 0.139% at the time of this case, and that the defendant had the record of being punished several times as a non-licensed driving by including a suspended sentence, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, situation before and after the crime, etc. in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime.

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

(However, in accordance with Article 25 of the Rules on Criminal Procedure, it is corrected to add “1. Selection of punishment” and “each imprisonment choice” to the upper part of “an aggravated punishment for 1. concurrent crimes” in the application of the law of the original judgment.