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(영문) 대전지방법원 2015.02.04 2014노3402
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) that the court below sentenced against the defendant is undue.

2. A favorable circumstance is recognized, such as the following facts: (a) the Defendant led to the confession of each of the crimes in this case and reflects his mistake; (b) the Defendant sold Matoba after the instant case; (c) the Defendant has grown in an influence environment; (d) the Defendant had a family member to support; and (e) the Defendant appears to have been an opportunity to satise and satisfe the penalty’s unity through confinement life for more

However, since driving without a license for drinking alcohol is highly likely to cause harm to the life and body of others, the quality of the crime is not less than 0.115%, the defendant's blood alcohol concentration at the time of the instant case reaches 0.115%, the criminal punishment records for the same crime are nine times, among which seven times are criminal records, and the defendant was sentenced to a fine of three hundred thousand won for the violation of the Road Traffic Act in the Daejeon District Court red support on March 16, 201, and was sentenced to a fine of three hundred thousand won for the crime of violation of the Road Traffic Act in the Daejeon District Court on August 21, 2011, the defendant committed each of the instant crimes on August 21, 201 without being informed of the completion of the enforcement of the sentence, and it appears that the risk of repeating the crime is high, and considering the circumstances that the defendant had escaped for three years after being investigated due to the instant crime, the court below's decision that the defendant's punishment was unfair and reasonable.

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.

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