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(영문) 의정부지방법원 2015.10.20 2015노1590
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, suspended execution for two years, and 40 hours during the compliance driving course) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant confessions the instant crime and reflects the Defendant, and that the Defendant has no record of punishment heavier than that of suspended sentence.

B. However, in full view of various circumstances, including the Defendant’s age, details of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable even if the Defendant had been sentenced twice to a fine due to drunk driving, and the blood alcohol level was higher than 0.121%, and the lower court sentenced to suspended execution after setting the lower sentence which was the lowest sentence imposed by discretionary mitigation, and other circumstances that are the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, details of the crime, and circumstances after the crime, are considered favorable to the Defendant.

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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