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(영문) 청주지방법원 2014.04.11 2014노131
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The judgment of the court below is against the defendant's recognition of the crime of this case, and the fact that equity should be considered in the case where the defendant was tried with the same kind of crime for which the judgment of suspension of execution has become final and conclusive, etc. is favorable or reasonable to the defendant.

However, the circumstances such as the fact that the Defendant had already been punished several times due to drinking driving, especially the fact that the Defendant committed the instant crime while being prosecuted due to drinking driving and under trial, and that the blood alcohol concentration (0.193%) at the time of driving of the instant case is very high, it is necessary to strengthen the punishment for a crime that may cause serious damage to the life, body, and property of another person as well as himself/herself. Considering the sentencing conditions indicated in the records, considering the Defendant’s age, character and behavior, family relation, the background and motive of the crime, and the circumstances after the crime, the sentence of the lower court is too unreasonable even if considering the circumstances asserted by the Defendant, it cannot be deemed unfair.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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