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(영문) 대전지방법원 2017.04.12 2017노440
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) disposed of Otoba after the occurrence of the instant case; (c) the Defendant should not only support the disabled with a physical disability of class 4 but also support the mother suffering from dementia; and (d) the Defendant’s consciousness wanting the Defendant’s wife against the Defendant.

However, the Defendant’s blood alcohol concentration is very high to 0.227%, the Defendant was punished for the same kind of crime, and the Defendant was sentenced to a suspended sentence of two years in September 12, 2014 due to a violation of the Road Traffic Act (driving) on September 12, 2014, and committed the instant crime before the suspended sentence period is imposed, etc. is disadvantageous to the Defendant.

In full view of the fact that there are no special circumstances that the original judgment and the punishment are different from the original judgment in the sentencing conditions indicated in the records, such as the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, etc., the lower court’s punishment is too unreasonable.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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