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(영문) 청주지방법원 2015.04.02 2015노151
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are as follows.

The Defendant, while disposing of a motor vehicle used for the instant crime, has failed to repeat the same crime.

The defendant has the wife and children to support.

The defendant is in profoundly against the defendant's wrongness.

The circumstances unfavorable to the defendant are as follows:

Defendant was punished several times for the same crime.

The Defendant was sentenced to a suspended sentence for the same crime, and the period of the suspended sentence has not elapsed, and thus, committed the instant crime.

At the time of the instant crime, the Defendant’s blood alcohol concentration is very high to 0.177%.

In light of the above various circumstances, the sentence imposed by the court below is too unreasonable, taking into account the following circumstances: the defendant's age, character and conduct, environment, motive and circumstance of the crime, and all the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime.

Defendant’s assertion is not accepted.

3. In conclusion, 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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