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(영문) 청주지방법원 2018.01.25 2017노1368
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 (six months of imprisonment) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The defendant confessions the crime of this case and repents.

Circumstances unfavorable to the defendant are as follows:

At the time of the instant crime, the Defendant’s blood alcohol concentration reaches 0.118%.

The defendant was sentenced to a fine for the same crime in 2008 and around 2013, and was sentenced to a suspended sentence of imprisonment in 2015.

In 2013 and around 2015, alcohol concentration among the blood alcohol level reaches 0.275% and 0.225%, respectively.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant case’s records and the previous theories, the lower court’s sentence that sentenced the Defendant to a minimum sentence of imprisonment that has been mitigated is too unreasonable.

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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