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(영문) 의정부지방법원 2018.06.11 2018노1128
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.

2. The fact that the judgment defendant recognized the crime of this case and reflected in the crime is favorable to the defendant.

However, in full view of all other circumstances, including the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., the sentence of the court below is deemed to be proper, and it does not seem to be unfair because it is too unreasonable, on the ground that the defendant's punishment of the crime of this case is determined to be reasonable, since the defendant's punishment of this case is not too unreasonable, since he did not know about the fact that he committed the crime of this case even though he was during the period of repeated crime due to the same crime, alcohol concentration was not specified as 0.114% at the time of the crime of this case, and driving distance was reached about 8km.

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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