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(영문) 청주지방법원 2018.11.16 2018노905
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and six months of imprisonment) is too unreasonable in light of the fact that the defendant recognized the entire facts charged and reflects the depth thereof, etc.

2. The facts that the Defendant appears to have recognized all of the instant crimes and against whom it appears that he/she would reflect on the instant crimes are advantageous.

However, the crime of this case is deemed to be driven without a driver's license by the Defendant, who had been punished twice or more due to the violation of the Road Traffic Act (drinking) and operated a vehicle with no mandatory insurance in 2017 and 2018, without a driver's license. In light of the method and circumstances of the crime, the degree of alcohol content in blood at each driving is high at 0.326% and 0.218%; the Defendant committed each of the crimes of this case during the suspended execution period for the same crime, which seems to have a lack of well-being; the Defendant had been sentenced several times of fines and suspended execution for the same crime, but the risk of repeating the crime of this case seems to be high; the driving without a driver's license should be strictly prohibited for the order of traffic on the road and the safety of women in traffic; and the Defendant's age, sex, environment, motive, motive and consequence of the crime, and the circumstances after the crime of this case cannot be deemed to be too unfair punishment against the Defendant.

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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