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(영문) 서울동부지방법원 2014.06.19 2014노35
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years, and 40 hours of an order to attend a compliance driving lecture) of the lower court is too unreasonable.

2. The Defendant is relatively short of the distance from drinking and driving without obtaining a license, and is going against the depth, and the Defendant does not repeat the crime.

However, the defendant's blood alcohol concentration was relatively high as 0.121%, the statement between the investigative agency and the court is written. The defendant's above assertion is without merit, in full view of all the circumstances, including the defendant's age, health status, character and behavior, environment, circumstances of this case, and circumstances before and after the crime, etc., considering the fact that the defendant's intention to comply with traffic-related laws and regulations, including the history of fine due to driving under the influence of alcohol, is weak enough to have been punished three times or more.

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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