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(영문) 대전지방법원 2014.08.13 2014노1232
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court against the Defendant is too unreasonable.

2. The circumstances are that the Defendant’s convictions and seriously reflects the Defendant’s criminal act, the Defendant’s scrapping of the vehicle, and the Defendant’s efforts to refrain from driving or driving without a license, and the risk of recidivism seems not to be significant.

On the other hand, the crime of this case is committed by the defendant who is prohibited from driving due to the absence of a driver's license, because he drives his own vehicle to the place of promise and is not good to the quality of the crime of driving again in order to return to Korea under the influence of drinking after the driver's license, the blood alcohol level is 0.151%, and the defendant has a record of the same crime of 10 times including one sentence, and the defendant has been sentenced to a suspended sentence for all the same crimes in the last two times, and the crime of this case is committed repeatedly again again, and the sentence of the defendant is inevitable to sentence the sentence against the defendant.

In full view of the above circumstances and other circumstances that lead to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., as well as the conditions for sentencing as shown in the records and arguments. In full view of the lower court’s sentencing following discretionary mitigation, the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is not acceptable.

3. 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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