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(영문) 대전지방법원 2016.02.05 2015노3503
도로교통법위반(무면허운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (eight months of imprisonment) is too heavy or unreasonable.

2. The judgment of the court below shows the attitude that the defendant recognized all of the crimes of this case, the fact that there is a family member to support the defendant, and the defendant's driving distance from each crime of this case relatively short is favorable to the defendant. On the other hand, the defendant's driving under the influence of a driver's license only three months after the decision of suspension of execution due to the same crime became final and conclusive, and the defendant's blood alcohol concentration is measured at 0.49%, and driving under the influence of alcohol is measured at 0.49%. The defendant is not prosecuted. The defendant's investigation of the above case is conducted at the time of the trial before the trial after he was investigated and driven under the influence of a driver's license. In light of these circumstances, the risk of recidivism is very high, and the defendant's blood concentration is considerably unfavorable to the defendant at the time of driving alcohol.

In full view of the above circumstances and other circumstances after the instant crime, the Defendant’s age, sex, family relation, environment, occupation, etc., and the conditions for the sentencing as shown in the arguments and records, there is no change of circumstances that are different from the original judgment, the lower court’s sentence is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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