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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2015.10.30 2015노2356
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The determination is based on the circumstances favorable to the defendant, such as the fact that the defendant recognized the facts of the crime and reflects his mistake, and that there is a dependent.

On the other hand, however, the defendant has been punished several occasions due to the same drinking driving or unlicensed driving (4 times of fine, one suspended sentence, one time of suspended sentence), and in particular, it is highly likely to criticize the crime of this case during the repeated crime period due to the same crime; the blood alcohol concentration is relatively high; the risk of drinking driving due to the occurrence of traffic accident due to the crime of this case is realized; the court below seems to have sentenced the maximum (6 months of imprisonment) imprisonment with prison labor, which is sentenced by discretionary mitigation, taking full account of the circumstances favorable to the defendant; taking into account other circumstances, including the defendant's age, occupation, character and behavior, character, intelligence and environment, the motive and circumstance of the crime of this case, circumstances after the crime of this case, family relation, and criminal record relation, it is not recognized that the punishment imposed by the court below is inappropriate and excessive. Thus, 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 ground that it is without merit. It is so decided as per Disposition.

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