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(영문) 전주지방법원 2014.05.23 2014노234
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. Determination of the facts that the defendant led to the confession and reflect of the crime of this case, the defendant's blood alcohol concentration cannot be deemed to be significantly high 0.086%, and the defendant again does not drive under drinking again. However, although the crime of this case was committed on more than two occasions despite the fact that the defendant had been punished on more than two occasions due to drinking driving, the crime of this case is deemed to have been committed under the influence of drinking at least three times, in light of the purpose of the Road Traffic Act, which is punished by raising the statutory penalty, the crime is not less complicated. The defendant was committed in the Jeonju District Court on February 13, 2013 at the Jeonju District Court on August 2, 2013, and the crime of violation of the Road Traffic Act, which was sentenced to a suspended sentence of eight months, and thus led to the crime of this case under the suspension of execution, and the defendant's life and body as well as the crime that threatens another person's life and body, and there is no need to punish the defendant's environment and body.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

However, the court below applied Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act only to the part of the crime under influence of alcohol during the original trial on the part of "Article 148-2 (1) of the Act applicable to the law applicable to the crime of 1. Criminal fact" and Articles 152 subparagraph 1 and 43 of the Road Traffic Act to the unlicensed driving portion.

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