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(영문) 대전지방법원 2017.09.27 2017노2463
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. A favorable circumstance is that the Defendant recognized the instant crime and reflects the fact that there is a family member to support the instant crime, and that it seems difficult to economic situations as a recipient of basic living assistances.

However, the fact that the defendant has been punished five times due to drinking driving (gold, suspension of execution), that the alcohol concentration in blood is considerably high by 0.11%, and that drinking driving is highly necessary to punish due to the risk of an accident.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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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