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(영문) 춘천지방법원 강릉지원 2014.09.23 2014노289
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended sentence, two years of probation, and one hundred and twenty hours of community service) is too unreasonable;

2. The judgment of the defendant reflects the crime, but the defendant has a history of being punished several times for traffic crimes, and driving under the influence of alcohol without obtaining a license on April 10, 2013. The blood alcohol concentration in the instant case reaches 0.104%, and the court below decided the punishment within the applicable sentencing range by selecting imprisonment among the statutory penalty against the defendant and reducing the minimum sentence, and taking into account various sentencing conditions in the instant case, such as the defendant's age, occupation, motive for the crime, and circumstances after the crime, it cannot be said that the sentence of the court below is too unreasonable.

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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