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(영문) 대전지방법원 2015.08.26 2015노1692
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. The following facts are favorable to the Defendant: (a) the Defendant was fully aware of the instant crime, and the Defendant expressed his intent not to repeat the instant crime by transferring the instant vehicle owned by the Defendant; and (b) the Defendant appears to have expressed his intention not to repeat the crime.

On the other hand, the following are the circumstances: (a) the Defendant driven a blood alcohol concentration of 0.201%; (b) the Defendant was punished for the same kind of crime, such as drunk driving, and the Defendant had been punished four times, and the period of suspended execution is two times; and (c) the Defendant’s criminal records and the details of the instant crime are deemed to be inevitable to sentence sentence.

In full view of the above circumstances and other circumstances, such as the circumstances after the instant crime, age, character and conduct, family relationship, environment, occupation, etc., which are conditions for sentencing as shown in the records and pleadings, there is no change of circumstances that can determine the sentence different from the original judgment, the sentence imposed by the lower court cannot be deemed unfair since the sentence imposed by the Defendant is unlimited. Thus, the Defendant’

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

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