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(영문) 대전지방법원 2017.09.20 2017노2187
도로교통법위반(음주운전)
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. The conclusion that the Defendant recognized the instant crime and against the nature of the instant crime, and that he/she did not repeat the vehicle by disposing of it.

It is advantageous to the fact that there is a family member, and there is a family member to support.

However, the defendant has been punished six times due to his refusal to drive alcohol or to take measurements of alcohol, and the necessity of punishment is high due to the risk of accident, and the degree of alcohol concentration in blood is 0.12%.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the 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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