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(영문) 의정부지방법원 2015.10.20 2015노2288
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 up to eight months) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant confessions the instant crime and reflects the Defendant, supports his family, and is receiving medical treatment for alcohol addiction.

B. However, on February 14, 2014, the Defendant was sentenced to imprisonment for 10 months with prison labor and 2 years of suspended sentence on two occasions during the period of suspended sentence. In addition, the Defendant had been punished several times due to drinking, non-licensed driving, etc. during the period of suspended sentence (one suspended sentence, four times of a fine), the blood alcohol level was 0.184% and 0.27%, and the blood alcohol level was very high. In full view of the various circumstances that are favorable to the Defendant, including the Defendant’s age, details of the crime, and the circumstances after the crime, etc., the lower court’s sentence is too unreasonable, even if considering the above circumstances favorable to the Defendant.

C. Therefore, the defendant's above assertion is without merit.

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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