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(영문) 의정부지방법원 2019.11.29 2019노1024
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, three years of suspended execution, 120 hours of community service order, and 40 hours of attending order) that the court below sentenced is too unreasonable.

2. The fact that the Defendant recognized all the facts charged in the instant case and reflected his mistake is favorable to the Defendant.

However, on December 11, 2018, the crime of this case was committed by the defendant while driving a motorcycle while under the influence of 0.142% of blood alcohol level, and driving a motor vehicle under the influence of alcohol level of 0.149% following the 11th day thereafter, and the crime was very poor in light of the frequency, circumstances, and contents of the crime. The driving under the influence of alcohol level is very poor in view of the social danger and harm of the crime that threatens the life and body of himself and others. Bailees with very high blood alcohol level at the time of the crime of this case. The defendant committed the same drinking driving, and the defendant was not subject to a fine of 200,000 won around 2015, 300,000 won around 200, 2015, and 400,000,000 won after the defendant's occupation and behavior, and there are no special reasons for the court below's determination of the crime of this case.

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

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, "each report on the status of driving under the driving under the supervision of each driving under the jurisdiction of each driving under the jurisdiction of each driving under the jurisdiction of each driving under the jurisdiction of each driving under the jurisdiction of the court below."

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