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(영문) 의정부지방법원 2019.09.27 2019노1047
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the Defendant appears to have the attitude of recognizing and opposing the instant crime from the investigative agency to the trial of the party, and that there is a family member to support the Defendant and his/her family members seems to have been clearly related to social ties, such as the Defendant’s desire to take the Defendant’s wife against him/her.

However, the defendant was sentenced to a fine of 6 million won on January 30, 2015 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) and a violation of the Road Traffic Act (driving on December 21, 2017) and a violation of the Road Traffic Act (Free Driver's License) on December 21, 2017, and committed the crime of this case during the suspension of the execution of 2 years of imprisonment, 40 hours of education, and 120 hours of community service, and thereby committed the crime of this case during the suspension of the execution of the sentence, and the risk of drinking driving and social harm therefrom are very serious.

Considering such circumstances as the distance between such circumstances and the previous punishment history, blood alcohol concentration level, Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the lower court cannot be deemed unfair because its punishment is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. 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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