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(영문) 대전지방법원 2018.01.25 2017노3313
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the Defendant’s confession of the instant crime and reflects the mistake, and that the Defendant’s blood alcohol concentration was relatively high.

However, in full view of the fact that there are many criminal records including the same crime committed against the defendant, and that the defendant intentionally appears to be in failure to comply with the summons of an investigative agency by notifying the investigative agency of false contact information, and that the court below sentenced the defendant to a lower punishment than the minimum statutory punishment by means of reduction of volume, and other various sentencing conditions of the defendant's age, sex, environment, motive, means and consequence, such as the defendant's age, sex, environment, motive, means and consequence, etc., and the situation after the crime, it cannot be deemed that the sentence of the court below against the defendant is too unreasonable.

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

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