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(영문) 대전지방법원 2015.04.29 2015노587
도로교통법위반(음주운전)등
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 (six months of imprisonment) is too unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the defendant has a deep depth to recognize his mistake, the fact that there are factors to take into account the driving circumstances, the defendant's dependents, and the fact that his family members have a strong social ties, such as moving the defendant's wife, etc.

On the other hand, the fact that the defendant had a record of criminal punishment 18 times and has a record of being punished as a sentence due to drinking driving, that the blood alcohol concentration is very high at the time of driving the defendant's drinking, and that the accident caused due to driving of the case and driving without a license is disadvantageous to the defendant.

In full view of the above circumstances and other circumstances after the crime of this case, the defendant's age, character and conduct, family relationship, environment, occupation, etc. and the conditions for sentencing as shown in the records and arguments, there is no change of circumstances that can determine the sentence different from the original judgment and the sentence, and considering the fact that the court below sentenced the lowest sentence that reduced the statutory penalty, it cannot be deemed that the sentence imposed by the court below is unreasonable, and the defendant's assertion is without merit.

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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