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(영문) 인천지방법원 2013.07.12 2013노1162
도로교통법위반(음주운전)등
Text

The defendant's appeal against the judgment below is dismissed.

Reasons

1. The first instance court sentenced a fine of 5,00,000 won, the second instance court sentenced a prison term of 10 months, a suspended sentence of 2 years, and an order to attend a law-abiding driving for 40 hours, and the sentence of the lower court is too unreasonable in light of the fact that the Defendant is against the law.

2. As to the judgment of the court of first instance, in light of the fact that the defendant had been punished several times in the previous case, the defendant's blood alcohol concentration is considerably high at the time of committing the crime, and the defendant was discovered by causing an accident that conceals the vehicle in front of the crime in this case, even considering the circumstances alleged by the defendant, the sentence of the judgment of the court below that sentenced the lowest punishment within the statutory penalty is excessive and unreasonable.

In regard to the judgment of the court below of the second instance, the Defendant committed the instant crime at the time one year has passed since the date of the crime in the first instance judgment, and attempted to be exempted from punishment by presenting the resident registration number of the sentence to the police dispatched when the Defendant was discovered, and then denying the driving while driving the police during the course of the investigation, etc., the circumstances after the crime are not good.

Nevertheless, in consideration of the circumstances asserted by the court below, the court below's discretionary mitigation has been decided, and it is not recognized that the court below's punishment is too unreasonable.

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

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