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(영문) 대전지방법원 2017.11.15 2017노2821
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment) by the lower court is too heavy or unhued so as to be unreasonable;

2. The judgment of the defendant recognized the crime of this case and against the mistake, the fact that the defendant disposed of the vehicle of the defendant after the crime of this case, the defendant supported the parent, and his family and his father wanted to take the wife against the defendant, are favorable circumstances.

However, the crime of drinking driving is an offense that may cause harm to the life and property of others, and there is a need to strictly punish the defendant, the defendant has been subject to suspended execution twice due to the same kind of drinking driving, etc., and the defendant has been punished once again, and the crime of this case has been committed again during the suspended execution period, and the defendant has repeatedly committed the crime of this case during the suspended execution period, and the defendant's blood alcohol concentration concentration is considerably higher than 0.148%.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change of circumstances that may otherwise determine the sentence and the lower court’s punishment, the lower court’s punishment is too heavy or it does not seem unfair as it is too low.

Therefore, the defendant and the prosecutor's assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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