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(영문) 청주지방법원 2017.09.28 2017노929
도로교통법위반(사고후미조치)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant recognized each of the crimes of this case, and is against the law.

The Defendant reimbursed the restoration cost of the damaged roadside trees.

Circumstances unfavorable to the defendant are as follows:

On July 1, 2015, the Defendant was sentenced to a suspended sentence of two years for six months on July 1, 2015, and was sentenced to a suspended sentence of two years.

9. The Defendant committed each of the instant crimes during the suspended execution period after the judgment became final and conclusive.

In addition, the defendant has been punished two times by drinking driving in 2012, 2013, and one fine by driving without a license in 2014.

At the time of the instant case, the alcohol content of the Defendant’s blood is not lower than 0.184%.

In addition to the above circumstances, considering the character, conduct, career, environment, the background and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, the sentence of the lower court is too unreasonable.

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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