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(영문) 대전지방법원 2013.09.26 2013노1344
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (one year of imprisonment) is too unreasonable.

2. The judgment of the court below is acknowledged to have led to the confession and reflect of each of the crimes of this case, but the defendant has been punished by imprisonment or a fine on several occasions as a crime of violating the Road Traffic Act while repeatedly driving a motor vehicle even though he did not have obtained the driver's license. The blood alcohol concentration at the time of driving the motor vehicle of this case is relatively high and actually led to a traffic accident. The crime of this case was committed during the period of repeated crime due to the same kind of crime. In full view of all the factors such as the defendant's age, character and behavior, environment, criminal records, circumstances after the crime, risk of recidivism, etc., the court below's punishment is too unreasonable. Thus, 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 since it is without merit. It is so decided as per Disposition.

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