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(영문) 전주지방법원 2014.07.30 2014노576
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is recognized as favorable circumstances such as the defendant's confession of the crime of this case and the defendant suffered an injury that needs to be treated for about six weeks due to the traffic accident of this case. However, although the defendant had been punished twice or more due to drinking driving, the crime of this case also drives a motor bicycle not covered by mandatory insurance at the same time, in light of the purpose of the Road Traffic Act, which is punished for raising the statutory punishment, the crime of this case's blood alcohol concentration is very high to 0.225% at the time of the crime of this case, and the defendant has already been punished four times as drinking driving, and the defendant again committed the crime of this case without being able to do so during the period of repeated crime due to drinking driving, and the defendant's age, character and behavior, family relationship, circumstances after the crime of this case, and other various circumstances that meet the conditions for sentencing after drinking driving, the court below's allegation that the above punishment of the defendant and the defense counsel is 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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