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(영문) 대전지방법원 2018.11.22 2018노1366
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal: The punishment sentenced by the lower court (six months of imprisonment, two years of suspended execution, community service, and order to attend a lecture) is too unreasonable.

2. In light of the fact that the driving of the judgment under the influence of alcohol is a serious criminal threatening not only to himself/herself, but also to his/her family members' life, body, and property, despite the fact that the Defendant had the history of causing a traffic accident due to the driving of alcohol, while driving another person's vehicle, causes a serious accident to the extent that the wall of the other person's house was entirely excavated, and that the blood alcohol level at the time of the instant crime considerably exceeded 0.084%, etc., the punishment imposed by the court below is too heavy considering the circumstances favorable to the Defendant, such as the fact that the Defendant did not have any other criminal history except the blood alcohol level before driving, no direct personal damage has occurred due to the instant crime, and the fact that the physical damage caused by the instant crime was compensated by the comprehensive motor vehicle insurance to which the Defendant was admitted, etc.

shall not be deemed to exist.

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

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