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(영문) 의정부지방법원 2019.11.22 2019노2411
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of one-year imprisonment imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The fact that the defendant recognized the facts charged in this case and reflected his mistake is favorable to the defendant.

However, the crime of this case was committed without a driver's license by the defendant while driving under the influence of 0.073% of alcohol level without a driver's license. The crime of this case is committed in light of the circumstances and contents of the crime, which is inferior to the quality of the crime. The drinking driving is in need of strict punishment in consideration of the social danger and harm of the crime threatening to the life and body of himself and others. The defendant was sentenced 5 times as a crime of like drinking driving and 4 times as a crime of non-driving driving (which was discovered under the influence of alcohol) and sentenced 5 times as a crime of like drinking driving and 8 months as a crime of non-driving driving (which was discovered under the influence of alcohol) and 2 years as a result of the crime of this case in 2018, and committed the crime of this case in this case during the suspension period, and there is no doubt that the defendant's will to observe traffic regulations and there is no special change in circumstances after the sentence of the court below, and there is no reason to recognize the defendant's punishment too unfair after the record and circumstances of this case.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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