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(영문) 청주지방법원 2014.03.14 2013노1082
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant is favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case and agreed with the victim E of traffic accident, the vehicle operated by the defendant is covered by comprehensive motor vehicle insurance, and the defendant lives economically difficult as a class 2 physically handicapped person and supports his parents.

However, there is a need to strictly punish a crime that may cause serious damage to the life, body, and property of a person as well as the person in question; the defendant has already been punished several times as a drunk driving; the defendant has been sentenced to imprisonment for 10 months on October 9, 2009 and 2 years on probation due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury on Risk), etc. of Specific Crimes; the defendant committed the crime of this case even though he was sentenced to imprisonment for 10 months on October 9, 2009; and the defendant was prosecuted for the crime of drinking driving as stated in paragraph (1) of the judgment of the court below, after submitting to this court a written opinion stating that "do not recognize and stop to drive under the influence of alcohol again," the defendant again caused a traffic accident as described in paragraph (2) of the judgment of the court below while the trial on the crime of this case is pending, and the crime is very high, and the degree of blood alcohol concentration at the time of driving under the influence of alcohol.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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