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(영문) 대전지방법원 2018.12.06 2018노1606
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: The punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

2. The judgment driving is a serious crime threatening to the life, body, and property of another person as well as his/her family, and it is reasonable to hold him/her liable with severe legal responsibility, and the defendant has been already punished five times or more due to drinking, refusal of drinking alcohol measurement, driving without a license, etc., and in particular, on June 9, 2016, the crime of this case was committed while he/she was sentenced to a suspended sentence of imprisonment due to drinking in the Support of the Daejeon District Court, Daejeon District Court on the ground that on June 9, 2016, the defendant committed the crime of this case while he/she was under the suspended sentence of imprisonment. The defendant was under the attitude of being sentenced to a fine after driving without a license during the suspended sentence period, and the alcohol concentration in blood was very high to 0.124% at the time of the crime of this case, and the defendant's criminal history and tendency to repeat the crime of this case, etc

Considering the fact that there is no substantial damage due to the crime of this case, even considering the favorable circumstances to the defendant, the punishment sentenced by the court below is too weak.

Ackless fluoritely,

shall not be deemed to exist.

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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