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(영문) 의정부지방법원 2015.11.24 2015노2333
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six million won of a fine) is too unreasonable.

2. Determination

A. It is recognized that the Defendant confessions the instant crime and reflects the Defendant, the economic situation and health of the Defendant is not good, and the elderly old old old old aging are supporting.

B. However, in full view of the following factors: (a) the Defendant had had the history of criminal punishment for the crime of violation of the Road Traffic Act two times or more; (b) repeatedly committed the same crime; (c) the blood alcohol concentration at the time of driving of the instant case is very high to 0.224%; (d) the Defendant shocked and discontinued the street, etc. in India while driving the instant case; (c) there is no special circumstance or change of circumstances that may be newly considered after the pronouncement of the lower judgment; and (d) other factors such as the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime; and (e) all other factors of sentencing specified in the argument of the instant case, the lower court’s punishment is too unreasonable

C. Therefore, the defendant's above assertion is without merit.

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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