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(영문) 대전지방법원 2015.01.21 2014노3204
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than five months) of the lower court’s sentence against the Defendant is too unreasonable.

2. In light of the above, it is recognized that there is a favorable circumstance such as the Defendant’s confession of the instant crime and reflects his mistake, the Defendant appears to have been an opportunity to satisfing and satisfing the punishment’s strictness through confinement life for about three months, there is a family member to support the Defendant, and where the sentence on the instant case becomes final and conclusive, the previous suspended sentence becomes void.

However, since the driving without a license for drinking alcohol is highly likely to cause harm to the life and body of others as well as himself, the nature of the crime is not weak; the defendant's blood alcohol concentration at the time of the instant case reaches 0.138%; the defendant has four times of criminal punishment due to driving without a license for drinking alcohol; the defendant has two times of criminal punishment; the defendant has two times of criminal punishment due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) at the Daejeon District Court on July 18, 2013. The defendant was sentenced to two years of suspended sentence for August, 2013, and was sentenced to two years of suspended sentence on July 26, 2013 and other unfavorable circumstances such as the defendant's age, character and behavior, environment, motive and circumstance leading to the instant crime; and the circumstances before and after the instant crime, etc., the above assertion by the court below is unreasonable and unreasonable.

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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