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(영문) 의정부지방법원 2014.09.24 2013노2006
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of eight million won) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the confession of the instant crime; (b) the Defendant made a statement that he has divided the instant crime; (c) the distance of drinking driving is relatively short of 300 meters; and (d) the Defendant supports the children who are senior high school students on his care; and (c) the Defendant supports them.

On the other hand, there are circumstances unfavorable to the defendant, such as the fact that the defendant has the same power and has been sentenced to a suspended sentence or heavier punishment, that the defendant committed the crime of this case during the repeated crime period for the same crime, that the defendant's blood alcohol concentration at the time of this case is relatively higher than 0.15%, that the defendant again drives the vehicle as stated in the judgment of the court below after the decision of the court below was rendered and the driver's license of this case was revoked for two driving of the vehicle as stated in the judgment of the court below (Korean Government District Court Decision 2014Da901, 934, August 7, 2014).

In full view of the above circumstances and the Defendant’s age, character and conduct, intelligence and environment, the motive, background, means and consequence of the instant crime, the circumstances after the commission of the crime, criminal records, and family relations, the sentence imposed by the lower court is deemed to be inappropriate and unreasonable. Thus, the Defendant’s assertion is without merit.

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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