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(영문) 대전지방법원 2015.11.04 2015노1722
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant reflects the Defendant’s mistake in depth; (b) the Defendant’s health appears to be not good; and (c) the Defendant expressed his intent not to repeat a crime by transferring his own vehicle to another workplace; and (b) the Defendant is employed at a new workplace.

Meanwhile, the Defendant committed the instant crime without being aware of it during the period of suspension of execution due to the same crime, and the blood alcohol concentration at the time of driving by the Defendant was very high to 0.215%, and the Defendant had been punished three times due to the drunk driving (two times of fine and one time of suspended execution), etc. are disadvantageous to the Defendant.

In light of the above circumstances and other circumstances after the instant crime, 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 may determine the sentence different from the original judgment. In addition to the fact that the lower court sentenced the lowest sentence that has mitigated statutory punishment, it cannot be deemed that the sentence imposed by the lower court is unreasonable. Thus, 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 since it is without merit. It is so decided as per Disposition.

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