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(영문) 대전지방법원 2016.01.28 2015노3602
도로교통법위반(음주운전)등
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (eight months of imprisonment) is too unreasonable.

2. It is reasonable to take into account the following factors: (a) the Defendant’s mistake is deeply divided and reflected in his or her depth; (b) the head of the gold bullion; and (c) the most supporting wife and three children.

However, the crime of this case is committed under the influence of alcohol 0.102% without a driver's license. In light of the blood alcohol concentration level, etc., the defendant was subject to punishment several times in the same kind of crime, and in particular, even if he was sentenced to a fine due to drinking or non-licensed driving in 2014 during the suspension period due to drinking driving, etc., he/she committed the crime of this case during the suspension period of the execution of sentence. In full view of all kinds of sentencing conditions such as Defendant's age, sex behavior, environment, motive, means and consequence of the crime, etc., it is not recognized that the sentence of the court below is too unreasonable because it is too too too unreasonable to the extent that the sentence of the court below is reversed.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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