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(영문) 춘천지방법원 2013.11.06 2013노576
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too unhued and unfair.

B. The above sentence imposed by the court below against the defendant is too unreasonable.

2. The judgment of the court below states that the defendant would not drive under the influence of alcohol again while separating his mistake in depth at the latest, and there are favorable circumstances such as the fact that the defendant would not drive under the influence of alcohol again, the size of packing horse operated without reporting by the defendant, and the defendant's economic situation is difficult. However, the defendant has the records of having been punished several times due to the same crime, etc., and the defendant committed each of the crimes of this case without being able to do so during the suspended execution period due to the same crime, and the blood alcohol concentration of the defendant at the time of the driving of this case reaches 0.126%. The current Road Traffic Act provides that the prohibition clause prohibiting the driving under the influence of alcohol twice or more for the purpose of preventing the driving under the influence of alcohol from under the influence of traffic safety, and preventing the driving under the influence of alcohol again, and the driving under the influence of alcohol level above 0.1% or more, and the defendant's motive and circumstances leading to each of the crimes of this case, or the defendant's grounds for sentencing are too unreasonable after considering the records.

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

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