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(영문) 대전지방법원 2016.08.11 2016노1154
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (eight months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant’s gender is against the Defendant; (b) the person with a disability of class 6; and (c) the Defendant’s family and the employees of the Defendant wishing to find the Defendant’s wife.

However, even though the defendant had been punished eight times (one time of actual punishment, three times of suspended sentence of imprisonment, and four times of fine) due to a violation of the Road Traffic Act, he again committed the crime of this case despite the fact that he had been punished two times by a fine due to a violation of the Road Traffic Act, there is an unfavorable circumstance against the defendant, such as the defendant's blood alcohol concentration exceeds 0.153%, and other sentencing conditions such as the defendant's age, sex behavior, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too unreasonable, taking into account all the sentencing conditions such as the defendant's age, sex, environment, motive and consequence, etc.

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

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