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(영문) 의정부지방법원 2019.09.05 2019노1437
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (in original case: Imprisonment with prison labor for ten months);

2. On April 11, 2017, the Defendant was sentenced to 8 months of imprisonment for a violation of the Road Traffic Act (Refusal of measurement), etc. at the Seoul Northern District Court (Seoul Northern District Court) and 2 years of suspended execution, and committed the instant crime by driving a vehicle under the influence of blood alcohol concentration of 0.157% even though he was in the period of suspended execution.

Considering the above circumstances, the Defendant shall be held liable with severe responsibility.

Although some circumstances exist, such as the recognition of the Defendant’s crime of this case and being against the Defendant, considering all the circumstances, including the Defendant’s age, character and conduct, environment, background of the crime, circumstance of the crime, and circumstances after the crime, etc., the lower court’s punishment is deemed reasonable and is too unreasonable, and thus, does not accept the Defendant’s assertion of unfair sentencing.

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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