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(영문) 의정부지방법원 2015.05.15 2015노872
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because of the defendant's imprisonment for six months with prison labor declared by the court below.

2. The circumstances favorable to the defendant are acknowledged, such as the confession of the criminal facts of this case and the fact that the defendant made a statement that he will not repeat the crime of this case in depth, and that he will not repeat the crime again, the defendant's family members and branch members also want to have a preference while actively paying attention and leading to the defendant, the long-term detention of the defendant can involve excessive difficulty to his family members, and the disposal of the owned vehicle after the crime of this case.

However, the crime of this case is likely to be subject to criticism in that the defendant driven a vehicle without a license under the influence of alcohol level of 0.174% and has a high potential risk of causing traffic accidents. The defendant had a record of being punished several times due to the same kind of crime, and the defendant commits the crime of this case in the same kind of crime without being aware of it during the suspended execution period due to the same kind of crime, even though he/she was served with litigation documents, such as a duplicate of indictment, and he/she was absent for a long time at the trial date of the court below, taking into account the various circumstances, including the defendant's age, character, character, intelligence and environment, the motive, background, means and consequence of the crime of this case, circumstances after the crime, and family relations, and thus, it is not recognized that the punishment of the defendant imposed by the court below is unfair since it is not reasonable and excessive. Thus, the defendant's assertion of unfair sentencing 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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