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(영문) 청주지방법원 2013.08.14 2013노490
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. As to the grounds for appeal, there are circumstances favorable to or considered to the defendant, such as the fact that the defendant repents and reflects the crime of this case, and that the defendant supports the mother of 7 years of age and the family members, including the head of 7 years of age and the head of her workplace cancer.

However, there is a history of criminal punishment more than 10 times for the criminal act of driving under the same kind or without a license, including the criminal punishment sentenced to imprisonment (the punishment heavier than the suspension of the execution is also six times). In particular, the criminal act of this case is committed again during the period of repeated driving, and the distance operated by the criminal defendant is not shorter than the distance, and the blood alcohol concentration at the time of operation is higher than 0.152%, and it cannot be deemed unfair if all of the sentencing conditions specified in the records and arguments of this case, such as the criminal defendant's age, character, character, career, environment, the background and result of the criminal act of this case, and the circumstances after the criminal act, etc., are considered, it cannot be deemed that the punishment of the court below (eight months of imprisonment) is too unreasonable.

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

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