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(영문) 의정부지방법원 2018.04.09 2017노3644
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. The fact that the judgment of this case recognizes the crime of this case and reflects it, and if the judgment of this case becomes final and conclusive, the sentence of suspended execution as stated in the judgment becomes null and void, and the defendant must serve for one year in prison, etc., in favor of the defendant.

However, even though the Defendant had already been punished several times as a crime of violating the Road Traffic Act (drinking), he was under the influence of alcohol without a driver's license, and committed the instant crime without being aware of the fact that the Defendant had been under the influence of alcohol 0.189% in the blood while under the influence of alcohol without a driver's license; the Defendant committed the instant crime without being aware of the period of suspension of execution; six months of imprisonment, taking into account all other unfavorable circumstances, including the Defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., and all other circumstances, which form the conditions for the instant sentencing as indicated in the record, such as the Defendant's age, sex, environment, criminal conduct, and circumstances after the crime, etc., the lower court's sentence is deemed to be appropriate and it is not unreasonable. Accordingly, the above assertion by the

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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