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(영문) 대전지방법원 2015.07.29 2015노1497
도로교통법위반(음주운전)등
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. The Defendant’s confession of the instant crime is favorable to the Defendant.

However, the defendant driven a vehicle under a very high blood alcohol level (0.216%). The defendant was consistently punished five times as a traffic-related crime, the defendant was sentenced to a fine, which led to three times. The defendant continued to drive a vehicle from 2007 to 3 times. On January 12, 2012, the defendant was sentenced to a fine for an accident while driving a driving without a driving license or driving without a driving license. On August 11, 2014, the date of the occurrence of the fine. The defendant owned the body-wide car which was driven at the time and owned it until August 11, 2014, which was sentenced to a fine, for several years without a license. It is difficult to find that it was disadvantageous to the defendant even if he was sentenced to a fine several times for a driving without a driving without a license or driving without a driving without a license.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is not acceptable.

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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