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(영문) 전주지방법원 2014.12.12 2014노809
도로교통법위반(음주운전)
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. The judgment of the court below partially recognized the circumstances favorable to the defendant, such as the confession of the crime of this case and the fact that the defendant's blood alcohol content at the time of this case is too high to 0.07%, and that the defendant's wife and three children are the most at the location to care for his wife and three children, but the defendant committed the crime of this case during the suspended execution period for the same kind of crime even though he was sentenced to a fine and a suspended execution, and the defendant tried to justify his crime by using his wife in the investigative agency by making a false statement that he was under the influence of alcohol in an emergency room without any inevitable reasons. The defendant tried to justify his crime by taking advantage of his wife's wife's wife's condition after the crime of this case. The crime of this case is punishable by imprisonment with prison labor for not less than one year but not more than three years, but not more than one million won but not more than one million won, and the court below's reasoning that the defendant's punishment was too unfair after considering the above favorable circumstances of the defendant.

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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