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(영문) 춘천지방법원 2014.05.21 2014노103
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) that the court below sentenced against the defendant is too unreasonable.

2. Although there are favorable circumstances such as the fact that the defendant's mistake is divided and reflects the defendant's behavior, the defendant has been punished several times due to the same crime, etc., the current Road Traffic Act provides that a person who has violated the prohibition provision on drinking driving at least twice again for the purpose of preventing driving under the influence of alcohol which threatens the safety of road traffic and ensuring the awareness of it, the person who has violated the prohibition provision on drinking under the influence of alcohol at least twice again conducts drinking under the influence of alcohol. The court below sentenced the lowest sentence out of the applicable sentencing range through discretionary mitigation once after selecting imprisonment, and other factors of sentencing as shown in the records such as motive and circumstance leading to the crime of this case, circumstance after the crime of this case, the defendant's age, character and behavior, environment, etc. are considered to be too unreasonable. Thus, the above argument of the defendant 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 ground that it is without merit. It is so decided as per Disposition.

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