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(영문) 청주지방법원 2017.08.31 2017노725
도로교통법위반(음주운전)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 confessions the crime of this case and repents.

Circumstances unfavorable to the defendant are as follows:

At the time of the crime on December 6, 2016, alcohol concentration among the blood of the defendant reaches 0.189%.

The Defendant was sentenced to each fine for around 2001, around 2007, and around 2013 for the same kind of crime, and the alcohol concentration in the blood of the Defendant during the war with drinking around 2013 reaches 0.114%.

On December 6, 2016, when the trial was underway for the crime of self-driving, the Defendant committed the crime of drinking and non-licensed driving on March 21, 2017.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant case’s records and the previous theories, the lower court’s sentence that has been mitigated to the Defendant cannot be deemed unfair on account of excessive reduction of the Defendant’s punishment.

Defendant’s 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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