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(영문) 대전지방법원 2014.05.14 2013노3089
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (one year of imprisonment) is too unreasonable.

Judgment

It is a favorable circumstance that the defendant reflects the crime, is a basic livelihood recipient, and is a disabled person of grade 3 with physical disability, supports old old old old old old old old old old old age, transfers his vehicle to another person, and the defendant shows his/her will of rehabilitation.

However, the defendant's previous convictions 4 times, 3 times, 5 times, and 5 times, and 2 times, during the suspension period, the previous convictions 2 times, and the defendant was issued with a summary order of 5 million won by driving under the influence of alcohol even around February 2013. The defendant again led to the crime of drinking under the influence of alcohol on July 1, 2013. Further, even though the court was indicted for the crime on July 1, 2013, the court below did not know about the fact that the defendant's non-driving without the license again was refused to measure drinking again on September 22, 2013, and it appears that the risk of recidivism is high, and the defendant's age, character and behavior environment, motive and circumstances leading to the crime of this case, and circumstances before and after the crime are considered to be unfair. Thus, the defendant's argument that the above punishment of this case is too unfair is without merit.

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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