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(영문) 의정부지방법원 2014.07.25 2014노742
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment of the court below was made on April 5, 2013 when considering the following circumstances: (a) the defendant led to the confession of the crime of this case; (b) the distance of the defendant's drunk driving is not long; and (c) the road on which the defendant driven under influence of alcohol appears to be a normal road; (d) human being cannot be deemed dangerous to drive under the influence of alcohol; (b) the defendant's blood alcohol concentration is considerably high at the time of the crime of this case; (c) the defendant has been sentenced to criminal punishment for eight times due to the same criminal act; and (d) the crime of this case was committed on April 13, 2013, which was sentenced to two years of imprisonment with prison labor for the same criminal act on which the above judgment became final and conclusive; and (e) it is inevitable to sentence the defendant to the extent that the defendant was under the influence of alcohol and was under the influence of alcohol; and (e) the defendant's age, character and behavior, occupation, details and circumstances leading to the crime of this case, etc.

Therefore, the defendant's assertion is without merit.

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

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