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(영문) 의정부지방법원 2019.01.08 2018노2213
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (six months of imprisonment) against the accused against the gist of the grounds for appeal is too unreasonable.

2. The judgment appears to have the attitude of recognizing and opposing the Defendant’s crime, the fact that the Defendant disposed of the vehicle after the instant accident, and the fact that there are children to be supported, is favorable to the Defendant.

However, in light of the fact that the Defendant was sentenced twice to a fine for the same criminal record and one-time suspension of execution, and the Defendant committed the instant crime during the grace period, and that the blood alcohol concentration in the instant case is very high to 0.216% and thus, it appears that the risk of drinking driving occurred, and that the lower court’s sentence is too unreasonable, taking into account all the sentencing factors in the instant pleadings, it cannot be deemed that the Defendant’s punishment is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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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