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(영문) 춘천지방법원 2014.06.25 2014노255
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) that the court below sentenced against the defendant is too unreasonable.

2. Although there are favorable circumstances such as the fact that the defendant's mistake is divided and reflected, the defendant's blood alcohol concentration is very high at 0.205% at the time of each of the crimes of this case, the defendant's history of punishment for the same kind of crime is included several times, and the current Road Traffic Act stipulates that the driver's license under the influence of alcohol is more severe than 0.2% for the purpose of preventing the driving under the influence of alcohol which threatens the safety of road traffic and ensuring the awareness of it, the current Road Traffic Act stipulates that the driver's license under the influence of alcohol is more severe punishment. The court below sentenced a sentence lower than the statutory punishment by reducing the amount of punishment only once after the decision of the court below was made, and in light of the motive and circumstance leading up to each of the crimes of this case, the age, character, and environment of the defendant, etc., the sentencing of the court below is too unfair. Thus, the above defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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