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(영문) 대전지방법원 2015.11.26 2015노2787
도로교통법위반(음주운전)등
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (one year of imprisonment) is too unreasonable.

2. The circumstances are as follows: (a) the Defendant’s mistake is against his or her own fault; (b) the Defendant’s fault support his or her old parent; and (c) the Defendant is a person with disabilities of class 5 with delay disability.

However, the current Road Traffic Act provides that a person who has violated the prohibition clause on drunk driving twice or more for the purpose of preventing a drunk driving that threatens road traffic safety and enhancing the awareness thereof shall be punished more strictly. Although the defendant had been punished several times due to the crime of drunk driving, the defendant committed each of the crimes of this case without being aware of it during the period of repeated crime for the same kind of crime, the defendant's blood alcohol concentration level at the time of drunk driving is 0.181%, and the blood alcohol concentration level at the time of drunk driving is higher than 0.181%, and the drunk driving is a dangerous crime that may harm other person's life as well as his/her own life, and the defendant committed a non-licensed driving again on July 2, 2015, even though it was controlled by the crime of drunk driving and non-licensed driving on July 2, 2015, it is disadvantageous for the defendant to observe the law and order, and it is unreasonable to reverse the sentence to the extent that it is too unreasonable to the extent of sentencing.

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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