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(영문) 대전지방법원 2015.10.29 2015노1443
도로교통법위반(음주운전)등
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and 2 years of suspended execution) is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is against himself/herself; (b) the Defendant has no record of having been punished as a sentence until now; (c) the Defendant supporting his/her parents who are not healthy; and (d) the Defendant has committed another crime that has not been committed again.

However, the Defendant had already been punished three times (three times of fine) due to drunk driving, and on June 25, 2014, the Daejeon District Court was sentenced to a fine of five million won due to the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed driving) at the Daejeon District Court on July 29, 2014, and again committed each of the instant offenses on July 29, 2014, and thereafter, the Defendant committed each of the instant offenses on July 29, 2014. The Defendant’s blood alcohol concentration at the time of drunk driving was equal to 0.142%, and the Defendant caused a considerable dangerous situation in traffic on the road while driving. In addition, it is unreasonable to deem that the sentence of the lower court is too unreasonable, comprehensively taking account of all the following factors: Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.

3. 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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