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(영문) 청주지방법원 2019.03.14 2018노1592
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. According to the judgment, although the defendant was punished for the violation of the Road Traffic Act due to drinking and unlicensed driving, as well as the same violation of the same Road Traffic Act (Refusal of drinking), the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence on Drivers, etc.), he driving a vehicle in the state of drinking alcohol concentration of 0.189% without a driver's license during the period of suspension of execution. In order to protect the awareness of the danger of drinking driving, a strict punishment against the defendant is required.

Although the instant case is merely a simple drinking driving, and considering the circumstances asserted by the Defendant as favorable sentencing factors in the trial, such as the fact that the Defendant was at a risk of dismissal in the workplace due to detention, it cannot be said that the sentence of the lower court is excessively unreasonable, as long as the lower court reduced the statutory punishment by taking account of such favorable circumstances, and sentenced the punishment within the applicable sentencing range, inasmuch as the lower court sentenced it by discretionary mitigation, taking into account such favorable circumstances.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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