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(영문) 대전지방법원 2015.12.04 2015노2912
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. There are extenuating circumstances, such as the confession of a crime and scrapping of a vehicle, that the defendant does not repeat the crime again, and that the health status is not good due to heavy infection, etc.

B. Meanwhile, even if the Defendant was under the leave of suspension of the execution on October 15, 2014 due to a drunk driving on the same day, it is inevitable to sentence sentence to the Defendant on the grounds that the Defendant repeated the crime by driving with a high blood alcohol concentration of 0.125% without a driver’s license, even after the said judgment became final and conclusive on May 15, 2015.

In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, family relation, living environment, details and result of the crime, and circumstances after the crime, the lower court’s punishment is adequate.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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