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(영문) 대전지방법원 2019.02.12 2018노3774
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the lower court (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is a serious criminal that threatens the life, body, and property of other persons as well as his family, and the defendant has already been punished more than 10 times, including three times of punishment for the same or similar crimes, such as the crime of violation of the Road Traffic Act (driving, refusing to take a alcohol test, driving without obtaining a license), and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving vehicles). In addition, the defendant's recidivism possibility is very high when considering the defendant's criminal records. In light of the fact that the blood alcohol level of the defendant's blood alcohol level at the time of the crime of this case exceeds considerably more than the standard level at which the defendant's blood alcohol level at the time of the crime of this case, it cannot be deemed that the sentence of this case is heavy, even considering

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

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