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(영문) 의정부지방법원 2018.08.13 2018노1656
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. Determination is a favorable condition for the following reasons: (a) the Defendant recognized each of the instant crimes and reflects the fact that there is no record of being sentenced to suspension of qualifications or more severe punishment.

However, the Defendant was punished for the same crime three times, and, in particular, on December 21, 2017, without being aware of the fact that the trial was in progress due to a violation of the Traffic Act of the Defendant on the part of December 21, 2017 as indicated in the judgment of the court below, the Defendant committed a violation of the Traffic Act of March 11, 2018 as indicated in the judgment of the court below, and on March 11, 2018, committed a violation of the Traffic Act of the Defendant on the part of March 11, 2018, at the time of committing the crime of violating the Traffic Act of the Defendant on the part of March 11, 2018, the blood alcohol concentration was higher than 0.20%, and the driving distance was reached about 27 km, and in full view of all other circumstances that form the conditions of the sentencing of the instant case as indicated in the records, such as the Defendant’s age, sex, environment, health condition, circumstances of crime, etc., the Defendant’s assertion for sentencing is without merit.

3. In conclusion, 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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