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(영문) 청주지방법원 2013.06.20 2013노286
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to imprisonment for eight months, suspension of execution for two years, community service 90 hours, and 40 hours of compliance driving) of the court below is too unreasonable.

2. Although there are extenuating circumstances such as the fact that the defendant's mistake is recognized and is against depth, it seems inevitable to punish the defendant again for the crime of this case even though the defendant had a history of punishment due to drinking driving and driving without a license, etc., so that the defendant's severe punishment would be inevitable to prevent recidivism. The drinking driving provided that the Road Traffic Act strictly punishs the defendant's act inherent in the risk of causing harm that does not mean to many unspecified people, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and various sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, are considered appropriate.

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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