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(영문) 의정부지방법원 2019.07.11 2019노796
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (in original case: Imprisonment with prison labor for ten months);

2. The judgment has a record of being punished several times for the same kind of traffic crime, such as violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and one of them is a record of being sentenced to a suspended sentence of imprisonment for a drunk driving in 2013.

Nevertheless, the Defendant driven a vehicle at a considerable level of 0.127% of blood alcohol concentration, and caused a traffic accident.

Considering the above circumstances, the defendant shall be held liable with severe responsibility.

Although there are circumstances that may be taken into account such as the fact that the Defendant recognized the instant crime and reflects on the fact that the caused accident is relatively insignificant, that the Defendant’s health condition seems not to be good, and that the branch figures want to take the Defendant’s preference, the lower court’s punishment is deemed reasonable and too unreasonable in light of all the circumstances that form the conditions for the instant sentencing as indicated in the record, such as the Defendant’s age, character and behavior, environment, background of the crime, and circumstances after the crime.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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