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(영문) 청주지방법원 2013.06.13 2013노290

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two-month imprisonment, two-year suspended sentence, forty-hours of community service, forty-hours of compliance driving curriculum) is too unreasonable.

2. The judgment of the defendant is favorable to the defendant, such as that the defendant acknowledges and reflects the crime of this case. However, the drinking driving is a crime that may cause damage to the life and body of others as well as himself. In particular, the current Road Traffic Act provides that a person who has violated the prohibition clause on drinking again two times or more for the purpose of preventing the drinking driving that threatens road traffic safety and overcoming the awareness of it, shall be punished more strictly, despite the fact that the defendant had been punished several times for the same crime, the defendant again committed the crime of this case, which is less than 0.095%, and the blood alcohol concentration at the time of this case reaches 0.095%, and all other sentencing conditions shown in the records and arguments, such as the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, the means and consequence of the crime, the circumstance after the crime, etc., are too inappropriate, and the defendant's assertion is not justified.

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.