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(영문) 의정부지방법원 2014.08.20 2013노2776
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended sentence, 40 hours of community service, and 40 hours of compliance driving instruction) that the court below made is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the confession of the instant crime and the statement that the Defendant is divided into the instant crime; and (b) the distance of drinking driving is relatively short.

Meanwhile, in light of the fact that the Defendant driven a motor vehicle under the influence of alcohol level of 0.128% and is highly likely to cause a traffic accident, the crime of this case is disadvantageous to the Defendant, such as the following: (a) the Defendant has been punished seven times from 2003 due to the crime of drinking driving, driving without a license, or refusing to measure alcohol; and (b) the Defendant committed the crime of this case again for two months after being admitted to the crime of refusing to measure drinking around July 2013.

In addition, considering the above circumstances favorable to the Defendant, the lower court appears to have sentenced 6 months of imprisonment with prison labor and the suspension of execution of the above punishment, which are the lower court’s lower court’s punishment, by taking full account of the circumstances favorable to the Defendant, and there is no special change in circumstances that make the lower court’s punishment to be changed during the trial. In full view of the following circumstances, comprehensively considering the Defendant’s age, character and conduct, intelligence and environment, motive and background of the instant crime, means and consequence of the instant crime, circumstances after the crime, family relations, etc., the sentence imposed by the lower court is deemed to be unreasonable to the extent that it ought to be adequate and reversed,

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. It is so decided as per Disposition.

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